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HomeMy WebLinkAboutLand Use Case.133 Prospector Rd.0041.2007.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2007.ASLU a73s~~a/3SS~ PARCEL ID NUMBER 273514 PROJECTS ADDRESS /fib PROSPECTOR RD C~ 1D PLANNER JESSICA GARROW CASE DESCRIPTION GMOS EXEMPTION, FINAL PUD REPRESENTATIVE HIGHLANDS VILLAGE DATE OF FINAL ACTION 11/02/07 CLOSED BY ANGELA SCOREY ON 1/13/10 27 35 - ~-2 - ~ " ~ ' 02 po 4 l . 200 •q-rst~~1 File Ada Record Navigate Farm Reports Format Tab Help _ ~ Jump 1 .J g:.~ ti ~ Man Cullom Fields Feep Actions Parcels Royting Status Fee Summary Rouling History Attac menls .Permit Type ~ Permit !< 0091.2007 ASLU _.._ y ~ Address 1197 PROSPECTOR RD t7Suile 02101 _~ AP _ _. Gty (ASPEN State rCO Zip 81811 Permd Iriormalion ~_______ a 5 ~~ - - J Mader Permd Rouling Oueue aslu07 Appied b6/14J2007 ~ ` JP ' - ' __ _. pending ~ Status 1 ApPrpved i _ z ~ Protect , Issued I H Descrip[ion'~GMDS EXEMPTION, FINAL PUD SPUD AMENDMENT _ __. ~. ', Final •,; _I __ DAVIS HORN-9256587 ~' Submitted '~ __ __ ..._._ Cbck running Days -___.._ 0 Expires 08/08/2008 , Owner _ _ _ _- _ Last Name N HIGHLANDS VILLAGE PUD _ 1 _ I Fist Name r Phone ,i Ir Dwner is Applicant? ~~ Appkcant __- . -_-. Last Name ASPEN HIGHLANDS VILLAGE .. First Name Phone ~' Cus[ t-- tl 127867 Lender - e _ ' fist Name li ~~ Last Nam ~ , ~! Phone '. [he permit type code ~~~ c~~ ~ 197 PROSPECTOR RD 02101 ';ASPEN CO 81611 197 PROSPECTOR RD 02101 '. ''.ASPEN CO 81611 2 Z~ ~ Record:l 0l1 / ~~ \1 O DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Hones Hiehlands Limited Partnership Attention CFA• RM Reeion 2800 Post Oak Blvd, Suite 4800, Houston. TX 77056 Property Owner's Name, Mailing Address and telephone number Aspen Hiehlands Villaee PUD Block D Building 2 Unit C-2103 City and of Aspen CO 133 Prospector St Parcel ID 273514213552 Legal Description and Street Address of Subject Property The applicant has received approval of a PUD Amendment and GMOS Review to convert a Condo Meeting Room Space to Commercial Space at 133 Prospector St. Written Description of the Site SpeciTic Plan and/or Attachment Describing Plan City of Aspen Plannine and Zoning Commission Approval Approval of GMOS Review and PUD Amendment. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 11 2007 Effective Date of Development Order (Same as date of publication of notice of approval.) November 12. 2010 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) 1 lth day of November, 2007, by the City of Aspen Community Development Director. Bendon, Community Development Director r1 ~' u Section 18: Vested Property Riehts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Street, Aspen Highlands Unit C-2103, City of Aspen, by PUD Amendment and Growth Management Approval by the Aspen Planning and Zoning Commission. ~'^ ~ .>~ PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Street, Aspen Highlands PUD Unit C-2103, Pazcel ID 2735-142-13-552, by PUD Amendment and GMQS Approval on October 2, 2007. The Applicant received approval of a PUD Amendment and a Growth Management Review to convert a Condo Meeting Room Space into Commercial Space. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on November 11, 2007 PUBLIC NOTICE OI OEVELOPMENTAPPROVAL plan, contaCl Jessica Garrow, at ~mun0y Development pept. Aspen, Coloratlo (0]0) s/ Cily of Aspen Pu0lishetl in the Aspen Times Weekly on Novam ber 11, 2002 (806635) ~.^ ,.. ti/ W RESOLUTION NO. 25 ~~ ~~ 1 (SERIES 2007) ~-~ ~r~~4^~~~''-^`"'` A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND ACHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITHIN COUNTY, COLORADO PARCEL N0.2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Depaztment determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and Zoning Commission continued the hearing to October 16, 2007; and, WHEREAS, during a duly noticed public hearing on October 16, 2007, the Planning and Zoning Commission approved Resolution No. 25 Series of 2007, by a seven to zero (7 - 0) vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room. space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standazds and are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No. 25, Series 2007 Page 1 fir' v Section 8: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16s' day of October, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Dylan Johns, Chair G:\city\]essica\CasesWHV PUD Amend\Commercial GMQS\P&ZW-IV PZ Reso 10 16 07.doc Resolution No. 25, Series 2007 Page 3 .-, .-. ~ ..r ~' MEMORANDUM TO: Aspen Planning and Zoning Commission ~ °~-+• FROM: Jessica Garrow, Planner) M~ THRU: Jennifer Phelan, Community Development Deputy Director MEETING DATE: October 16, 2007 (Continued from 10/2/07) RE: Aspen Highlands Village (133 Prospector Rd) - Substantial Planned Unit Development Amendment, GMQS Review- Resolution No. _, Series 2007 - (Parce12735-142-13-552) APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, City of Aspen, CO, commonly known as 133 Prospector Street; Building 2 in the Highlands PUD. CURRENT ZONING RT USE PUD including a mix of retail uses, free- market residential, and affordable housing. PROPOSED LAND USE: Conversion of a condo meeting room space to a commercial space. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve, with conditions, the PUD and Growth Management requests. SUMMARY: The Applicant requests the Planning and Zoning Commission approve a PUD Amendment and a Growth Management Review for the change in use. Revised 10/10/2007 G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 1 of 5 Photo of change-in-use area REQUEST OF COMMISSION: The Applicant requests a PUD Amendment and a Change-in-use Growth Management Review in order to convert some Condominium Meeting Room space to commercial space at the Highlands Village base. BACKGROUND: The applicant proposes converting a 650 square foot Condominium Meeting Room space to commercial space. The Meeting Room space is located in an existing mixed-use building adjacent to other commercial space. The area is located on the ground level of Building 2, Block D of the Aspen Highlands PUD (part of the Village Core). PUD History: The Highlands PUD was approved in 1998 and was annexed into the City in 2000. Part of the original approval required an employee audit to determine if the Applicant over or under mitigated for the employees generated by the development. The 2004 employee audit determined that the Applicant over- mitigated in the original approvals by 14.89 Full Time Equivalents (FTEs), leaving the Applicant with a credit of FTEs to be used for Hines projects in Pitkin County. To date, the credit has not been utilized. The original PUD approvals considered both retail/restaurant space and meeting room space as commercial space, but each was calculated at a different mitigation level. This application is required because the spaces were treated differently in the PUD and because the mitigation levels were different. Previous Land Use Application for this Space: In 2006, the Applicant requested the Planning and Zoning Commission grant a PUD Amendment and City Council grant a Subdivision Amendment to convert the Condo Meeting Room space in this application and an adjacent commercial space to one (1) free- mazket residential unit. Staff recommended against this request because residential space in this location did not meet the review criteria. As part of that discussion, the possibility of converting the Condo Meeting Room space to commercial space was discussed. Staff supported the idea at the time. However, no Growth Management Allotments were available at the time, so the Applicant went forward with their request to convert the space to Free-Market Residential. The Planning and Zoning Commission voted in favor of the PUD Amendment2, and City Council voted against the Subdivision Amendment, so the request did not receive the approval required.3 ~ Staff recommended against the request because Staff found Commercial Space is the most appropriate use in the Village Core, the conversion did not meet the provisions of the Aspen Area Community Plan, and because placing residential space in this location was inconsistent with the original PUD approvals. z The Commission first voted to deny the project, reconsidered the project and then voted to approve it. ' The previous Application required Subdivision review because of the creation of amulti-family dwelling unit in a mixed-use building, and because the proposal would have combined two (2) condominiumized units that were clearly delineated on the plat., resulting in a change to the recorded subdivision. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 2 of 5 ~ ~. ~. ,,,r New Information since the October 2"d Continuance: The Applicant and Staff requested a continuance at the October 2"d meeting to clarify the approvals associated with the Condominium Meeting Room spaces based on questions raised by the public. Specifically, questions were raised regazding who can use the existing Meeting Room Spaces in the Village Core. Staff requested the Applicant provide information regarding representations made during the original approval process regarding who would be permitted to use the meeting room spaces. The Applicant has completed a review of the original record and submitted new information, attached as Exhibit D. The original record clearly stated that the Meeting Room Space in Building 2 (the space subject in this Application) was intended for the use of the Ritz (Tourist Accommodation) and its guests. Further, the record identifies the Meeting Room Space in Building 7 (known as the SkiCo building) as being available to the general public for use. Staff believes this review of the original record clearly shows that the subject space (in Building 2) was not intended for use by members of the public, but that other space in the PUD (in Building 7) was intended to be made available to members of the public. Staff is confident that this Application can go forward at this time and that the use of the Condo Meeting Room space in Building 7 is a separate matter. STAFF FINDINGS: The Commission is asked to approve aChange-In-Use to convert 650 sq. ft. of Condo Meeting Room Space to Commercial Space. Staff is supportive of this proposed change-in-use. The condominium space in question is attached to existing retail space. The space as it exists today is undivided, and "fronts" on the ski mountain. Staff is supportive of retail in this space, as it will help increase the vitality along the pedestrian walkway and next to the ski mountain and will increase the area's attractiveness to new businesses. The use of retail in this location is consistent with the original PUD approval, and is consistent with the AACP. Staff recommends in favor of this request. The Applicant applied for a Subdivision Amendment as part of this request. After examining the Application, Staff has determined that a Subdivision Review is not required because the change-in-use has no effect on the recorded plat. PUD AMENDMENT: Staff finds that the project meets all requirements in the PUD Review Criteria. It is consistent with the nature of the PUD and will help increase the vitality to the area. The conversion represents a minimal impact on infrastructure, parking, and traffic, and already includes the infrastructure hookups required to be a functional commercial space. Further, the proposal is consistent with the Aspen Area Community Plan (AACP) a ° See Exhibit A for Staff s response to all the review criteria. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 3 of 5 ~-- .., ~~ `..~ GMQS CHANGE-IN-USE: Staff finds that the proposal meets all requirements of the Growth Management Review Criteria. The conversion does not generate an Affordable Housing mitigation requirement. When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 squaze feet of meeting room space in the subject building. Despite 3,000 sq. ft. being approved, the Applicant only built 650 sq. ft. Therefore, the 2.1 FTEs actually mitigated the 650 sq. ft. space, rather than the 3,000 sq. ft. approved. The current code states that every 1,000 sq. fr. of net leasable azea generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. ft. * (4.1/1000) = 2.66). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.59 FTEs (2.66 * 60% _ 1.59). As indicated above, the Applicant mitigated for 2.1 FTEs in the past, so the Application does not generate a mitigation requirement (1.59 - 2.1 = -.51). The Applicant has asked that a credit of the over-mitigated Full Time Equivalents (FTEs) be added to their existing credit, as was approved in the 2004 employee audit. The issue of adding to the existing credit has been brought before the Housing Board, who recommended against it. Staff also recommends against adding to the existing credit.5 An initial audit was performed for the PUD, and the PUD does not call for an additional audit to be conducted. Any new credit would need to be approved and accepted by the Housing Board.b RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria for a PUD Amendment, Subdivision Amendment, and Growth Management Review. The proposal is consistent with the goals of the AACP by providing additional commercial space in an appropriate location, located neaz temporary and full-time residents, and located neaz transit. Staff recommends approval of the request. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2007, approving a Substantial PUD Amendment and aChange-in-Use Growth Management Review for the conversion of 5 The calculations performed by the Applicant differ from those of Staff. Staff finds an over-mitigation of 51 FTEs and the Applicant finds an over-mitigation of .81 FTEs. Staff used the calculation in place in today's code, as there was no indication in the PUD that the previous mitigation method originally used in the PUD was "locked in" (the Applicant used the old code in place at the time of the original Highlands Approval). This is a moot point, however, as the Housing Board and Staff recommend against any additional FTE credit for the PUD. b See Exhibit B for Staff s full response to these criteria. See Exhibit C for the Housing Board's recommendation. Revised 10/10/2007 G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 4 of 5 ,-. .-., '~ w Condominium Meeting Space in Building 2 to commercial space at 133 Prospector Road." ATTACHMENTS: A - PUD Amendment Review Criteria. B -Growth Management Review Criteria. C -Housing Board Recommendation. D -Application Addendum. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 5 of 5 .-, ~., RESOLUTION NO. (SERIES 2007) ._., .... A RESOLUTION OF THE ASPEN PLANNING AND ZONING APPROVING WITH CONDITIONS A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND ACHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITHIN COUNTY, COLORADO PARCEL N0.2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and Zoning Commission continued the hearing to October 16, 2007; and, WHEREAS, during a duly noticed public hearing on October 16, 2007, the Planning and Zoning Commission approved Resolution No. _ Series of 2007, by a _ to ~ - ~ vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standazds and aze consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. Resolution No. , Series 2007 Page 1 ,~. ~,, w NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1• Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment and a Growth Management Allotment for the conversion of 650 squaze feet of condominium meeting space to commercial space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO, Pitkin County, Colorado. Section 2: Growth Manaeement Allocation The City of Aspen Planning and Zoning Commission hereby approves a Commercial Growth Management Allotment of 650 squaze feet for the conversion of Unit C-2103 from Condominium Meeting Room Space to Commercial Space. Section 3: Buildin¢ Permit Application Should the Applicant decide to apply for a building permit related to this change-in-use, the Applicant shall submit a copy of this resolution in addition to all other items required by the Community Development Department at the time of submittal. Section 4: Dimensional Requirements The proposed development, as presented in the plans contained within the application dated August 13, 2007, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Construction Mana¢ement ~ ~ ~~ Y~ ~ At the time a building permit is submitted, a construction management plar~hall be included with that submitted which meets the requirements of the Engineering and Building Departments in place at the time of Building Permit submittal. Section 6: Vested Ri¢hts The development approvals granted pursuant to this Planning and Zoning Commission Resolution shall be vested for a period of three (3) yeazs from the date of issuance of the development order. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Resolution No. _, Series 2007 Page 2 ~. .~ section 8: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of October, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Dylan Johns, Chair G:\cityUessica\CasesWHV PUD Amend\Commercial GMQS\P&ZWiV PZ Reso_10 16 07.doc Resolution No. ,Series 2007 Page 3 `'` Exhibit A EXHIBIT A -PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standazds outlined in Land Use Code section 26.445.050, including: A. Genera[ requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from condo meeting rooms to commercial is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space to 650 sq. ft. of commercial space. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that aze locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center neaz extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan Staff finds this criterion is met for the change-in-use. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from Condo Meeting Rooms to commercial uses is consistent with the character of the land uses in the area. The conversion will help make the existing Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 1 of 7 ~ . ~... ~"~ Exhibit A Highlands commercial spaces more functional, while retaining a large amount of Condo Meeting Room space. Staff finds this criterion is met for the change-in-use. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will not adversely affect future development in the surrounding area. It ensures existing spaces aze made more functional, and retains some Condo meeting Room space for future use. Staff finds this criterion is met for the change-in-use. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The Applicant has requested aChange-in-Use Growth Management Allotment at part of this application (See Exhibit B). Should the Planning and Zoning Commission grant the request, Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in Genera[ Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future [and uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes aze internal and would not require new structures. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazazds will be altered. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 2 of 7 ,,~. --, ~'~ `"'~ Exhibit A c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natural characteristics will not be changed by the proposed change-in-use. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. There will not be significant impacts on noise, traffic, pedestrian circulation, or historical resources. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The change in use is an internal change and will not impact the amount of open space or site coverage. Staff finds this criterion is not applicable. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. There is available parking for this commercial space. Fifty-eight (58) spaces are allocated to the Village Core employees. Staff finds this criterion to be met. b. The varying time periods of use, whenever joint use of common parking is proposed. Joint parking is not proposed for this project. Staff finds this criterion is not applicable. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the area. An auto disincentive program is in place for the PUD. Staff finds this criterion to be met. d The proximity of the proposed development to the commercial core and general activity centers in the city. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\F,HV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 3 of 7 ,--~ ~, M~{ Exhibit A Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen's commercial core, with extensive transit access. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads in the PUD. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• The proposed changes are not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if.• The change-in-use will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with thefollowing: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 4 of 7 ,-.. ,., x... `~ Exhibit A D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within an existing structure. Staff finds the landscaping criteria to not be applicable for the change- in-use request. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures are proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of al[ development in the proposed PUD, the following criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Park, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an Exhibit A -PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 5 of 7 ,~. .•, Exhibit A unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed commercial unit will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD area to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The proposed change-in-use will have access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the deve[opmenG The change-in-use is for a relatively small amount of space, and will not have a significant impact on traffic patterns. There is extensive transit service to the area, and there are an adequate number of parking spaces to accommodate the change-in- use. Staff finds this criterion to be met for the change-in-use. Exhibit A -PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 6 of 7 /-, --~ ~ ./ Exhibit A 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to signifuant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD aze privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practicaG The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. There is agate to the pazking gazage. Residents and employees have passes to gain access to the gazage: Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose ojthis criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The proposed change-in-use is to be completed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A -PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 7 of 7 .-~ ,,,\ Exhibit B EXHIBIT B - GMOS CHANGE-IN-USE A change-in-use, of an existing property, structure, or portions of an existing structure, between the use categories identified in Section 26.470.020, (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which is intended to be reused, shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the change-in-use, pursuant to Section 26.470.030(D), Annual Development Allotments. The applicant proposes converting an existing 650 sq. ft. Condominium Meeting Room in Building 2 (Condo PH 2 Unit 2103) into commercial space. According to the Community Development Department's list of available allotments, there aze 15,985 sq. ft. of commercial growth management allotments available for the 2007 growth management year. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. The change-in-use from Condo Meeting Room space to Commercial space is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space to 650 sq. ft. of commercial space. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that aze locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center neaz extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan. Staff finds this criterion is met for the change-in-use. c) Sixty (60) percent of the additional employees generated by the change, according Section 26.470.OSO.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Any affordable housing units provided shall be approved pursuant to Section 26.470.040.0.7, Affordable Housing at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 1 of 3 ~ ~-. ~ ./ Exhibit B When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 square feet of meeting room space in the subject building: Despite 3,000 sq. fr. being approved, the Applicant only built 650 sq. fr. Therefore, the 2.1 FTEs actually mitigated the 650 sq. ft. space, rather than the 3,000 sq. fr. approved. The current code states that every 1,000 sq. fr. of net leasable area generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. fr. * (4.1/1000) = 2.66). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.59 FTEs (2.66 * 60% = 1.59). As indicated above, the Applicant mitigated for 2.1 FTEs in the past, so the Application does not generate a mitigation requirement (1.59 - 2.1 = -.51). Staff finds this criterion to be met. d) No more than one (1) free-market residential unit is created through the change- in-use. The change does not reduce the number or quality of affordable housing units on site or such change as been approved by the Aspen/Pitkin County Housing Authority. There are no Free-market Residential units created by this proposal. Staff finds this criterion to be met. e) Affordable housing net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to thirty (30) percent of the additional free-market residential net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. Additional net livable affordable housing space beyond this the Floor Area requirement may be developed below Natural or Finished Grade but shall not count towards this criterion. Affordable housing shall be approved pursuant to Section 26.470.040.0.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended An applicant may choose to provide mitigation units at a lower Category designation. There is no affordable housing proposed as part of this application. In the original PUD approval, the applicant over-mitigated by 14.89 FTEs. Because of this credit, which is "vested in perpetuity," the applicant is not required to provide new affordable housing for the change in use, but is required to use the credit to mitigate for the generation. No additional credit will be given for the fewer employees generated by the change-in-use. The Staff finds this criterion to be met. Exhibit B - GMQS Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 2 of 3 .-~ ~... ~.. ,.., Exhibit B ,n The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The change-in-use will not represent a significant increase in the demand on pubic infrastructure. Staff finds the criterion is met. Exhibit B - GMQS Review Criteria G:\cityUessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 3 of 3 ~. .,.• Exhibit C MEMORANDUM TO: Jessica Gan•ow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 26, 2007 RE: ASPEN HIGHLANDS VILLAGE: SUBSTANTIAL PUD AMENDMENT, GMQS EXEMPTIONS FOR CHANGE IN USE ISSUE: The applicant is requesting a GMQS review to change the use of 650 square feet of meeting room to commercial space. BACKGROUND: According to Section 26.470.100A, Employee Generation Rates, 60% of the employees generated by additional commercial or lodge development need to be mitigated by the provision of employee housing, and is provided at a Category 4 rate. Based upon previous approvals for Aspen Highlands Village, the net leasable area is about 80% of the total leasable azea; therefore, the applicant will need to provide mitigation for 520 square feet (650 square feet X 80%). Since the applicant proposes to utilize the space for commercial uses, the additional 520 square feet generates 2.13 employees. Section 26.470.100.A of the City Land Use Code indicates that the employee generation rate for commercial space in the SKI BASE zone district is 4.1 employees per 1,000 squaze feet of net leasable area. The applicant needs to mitigate at a 60% rate, therefore, the mitigation required for this change in use is 2.13 X 60% = 1.3. The applicant states that the applicant already provided housing for 2.1 FTE's when the PUD was developed; therefore, is asking for an additional credit of .8 FTE's. The applicant received approval from a former request in 2004, due to a housing audit, of a credit of 14.89. The Housing Authority Boazd approved this credit on May 5, 2004. Due to the fact that there is a crisis for employee housing units, staff would recommend that no further credits be allowed. A further audit could be required, which should include the amount of employees generated by each free-mazket residence. This was NOT included in the original audit. Staff believes that if the free-market units were taken into consideration, Aspen Highlands Village would not receive a credit. RECOMMENDATION: The Housing Boazd reviewed the application at their regulaz meeting on September 19, 2007 and would recommend approval of the change in use and that mitigation has been satisfied, but would request denial of any additional credits thereby the credits remain at 14.89. Housing Boazd Referral Comments, Exhibit C G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\Housing Board Comments.doc Page 1 of 1 .. .~ ~~~ Davis Horn~• ~ - PLANNING & REAL ESTATE CONSULTING ~~~~ ~ inn -.~i October 9, 2007 Jessica Garrow, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Questions Regarding Intended Use of Condominium Meeting Room & Employee Generation Dear Jessica: Hines Highlands Limited Partnership (HHLP), applicant, is represented by Davis Horn Incorporated in a land use application to convert 650 square foot condominium meeting room space (condominium space C-2103) located in Building # 2 (Ritz Cazlton Building) to commercial space. This item was originally scheduled for consideration by the City Planning and Zoning Commission on October 2, 2007. The application was continued to the October 16, 2007 meeting in order to respond to questions from Aspen Highlands Village (AHV) residents regarding the original plans for meeting rooms in AHV. The meeting room space located in Building #2 was offered to the operators of the short- term accommodations facility. The operators choose not to acquire the meeting room space because they did not want a meeting room in the facility. The space has.___remained vacant and used for storage. We clearly recall that AHV was designed to have two types of meeting room space. The meeting room space located in Building # 2 was intended to be oriented to and utilized b guests staying in the tourist accommodations facility. The other meeting room space in AHV is located in Building # 7, the Skier Services Building, was designed to be used by the Aspen Skiing Company (ASC), but was to be available upon request, from time to time, for use by local groups such as the residents of AHV. "s, r- 0 0 As you know, the AHV Planned Unit Development (PUD) land use application was "~' considered at over 100 public meeting during five years from 1993 to 1998. We have ~:: thoroughly reviewed public records seeking to document our clear recollection of r-- representations which were made regarding meeting room space. Last week, you asked ~ _ that we find public meeting minutes which summarize the discussion of meeting rooms. The meeting room issue was not a significant issue during the AHV PUD review process and our review of the minutes indicates that the meeting rooms were not specifically discussed. However, Condition # 2, of Board or County Commissioner's Resolution No. 97-167 which approved the AHV PUD Site Specific Development Plan includes a standard condition included in most Pitkin County and City of Aspen land use approval documents which reads: ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 •970/925-6587 • FAX: 970/925-5180 adavis@roEnet ghorn@rotnet "The applicant shall adhere to all material representations made in the application, supplemental materials and in public meetings." Most of our findings regarding this matter are based upon the applicant's public representations made during the land use review process. This letter presents our findings documented in chronological order. 1. Aspen Highlands Village General Submission: Consolidation of Documents and Materials, December 1995 (see Attachment I) This Document was intended to summarize the outcome of the 2.5 year General Submission process. As reflected in all the AHV land use documents there was a differentiation made between Tourist Accommodation Accessory Commercial (TAAC) and Independent Commercial Space (IC). Virtually all of the TAAC spaces were planned to be located in Buildings # 2, #8 and #9 (see Attachment 2). Attachment 3 is a copy of Table 5, "Key to Building Uses as Viewed from South Side of Pedestrian Street." The Table identifies the uses proposed for each building by level. A "meeting room" is proposed for Building # 7 which is the Skier Services building. This building is comprised of IC, and Accessory Skier Services (ASS). The Table also shows a "Condominium Common Room" is proposed to be located in Building #2. This room was originally intended to serve the tourist accommodation units which were planned to be lodge condominiums. 2. July 10,19971etter from Glenn Horn to Lance Clarke AICP and Board of County Commissioners "Aspen Highlands Village Detailed Submission - Additional Information for July 16,1997 Public Meeting" (see Attachment 3) This letter was prepared in response to requests for additional information. At the bottom of page I the letter summarizes the four categories of commercial space proposed for AHV: Tourist Accommodations Accessory Commercial (TAAC), Independent (IC), Accessory Skier Services (ASS) & Ticket Sales and Meeting Rooms. Table 1 on page 2 of the letter aggregates commercial space to the preceding categories. Pages 3 and 4 of the letter describe the various commercial spaces. At the bottom of Page 3 Meeting Rooms are addressed as follows: "Approximately 4,000 square feet of space will be allocated for meeting rooms. The independent meeting room will be located in building 7 and be comprised o no more than 1,800 square feet. It is anticipated that this space will be utilized primarily by the Aspen Skiing Company. The space will also be available for community functions. There will be 3,000 square feet of TAAC meeting room space divided between buildings 2 and 8. It is possible that all of the space will be located in one of the two buildings. This space will usually be utilized for gatherings which are accessory to the short term accommodations uses in buildings 2 and 8." All of the TAAC meeting room space was located in Building # 2 and the space was much smaller than anticipated. -~ 3. Aspen Highlands Village 1996 Tourist Accommodations Growth Management Quota System Application, November 15, 1996 (see Attachment 4) One of the scoring categories in the 1996 Tourist Accommodations competition was "Maintain Design Quality, Historic Compatibility and Community Character." Page 21 of the application reads as follows: "Local Meeting Room - A 1,800 square foot meeting room is proposed to be located on the second floor of the skier services building. This meeting room maiy be reserved by local groups such as the Castle Maroon Caucus for public mee mgs." This excerpt from the application is consistent with other representations made by the applicant which suggest that the meeting room in Building # 7 was intended for "independent" uses while the meeting room in Building # 2 was intended to be accessory to tourist accommodations uses. 4. Final Draft Aspen Highlands Village: Detailed Submission Consolidated Plan, September 1997 (Attachment 5) Pages 23-24 of the Detailed Submission Consolidated summarize the projected non- residential employee generation for AHV PUD. The non-residential employee generation is consistent with the categories of tourist accommodation and commercial spaces previously referenced in this letter. Table 11, "Aspen Highlands Village Detailed Submission Consolidated Plan: Tourist Accommodations Affordable Housing Exaction" shows the employee generation resulting from the development of a 3,000 square foot "Condominium Room." It was projected that 3,000 square feet of Condominium Meeting Room space would generated demand for 3.5 employees. The applicant was required to house 2.1 employees to mitigate for the approved space. Although the applicant on y built 650 square feet of condominium meeting room space, mitigation was provided for 3,000 square feet of space. A footnote at the bottom of Table 11 reads: "The condominium room will be used for a variety of functions. A total of 3.5 FTE's will be generated as approved by the BOCC." Table 12, "Aspen Highlands Village Detailed Submission Consolidated Plan: Independent Commercial Space and Accessory Skier Services Employee Generation" shows the employee generation resulting from the development of a 1,800 square foot "Meeting Room" proposed for Building # 7. A sentence at the top of Page 24 addresses this space and reads as follows: .~. ,.. "Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised of retail space such as a grocery. A meeting room will be available for residents and guests of Aspen Highlands Village." SUMMARY This letter summazizes our research of the public record and representations made by the applicant regarding meeting room space proposed for AHV. The record is clear that the condominium meeting room located in Building #2 was intended for use by visitors in tourist accommodations units and the room was intended to be accessory to the tourist accommodations units. The meeting room located in Building # 7 was intended to be accessory to the skier services and to be available on a request basis for use by residents of AHV and residents of the community. Please contact me if I can provide any additional clarification. Thank you. Sincerely, DAVIS HORN INCORPORATED GLE HORN AICP List of Attachments 1. Aspen Highlands Village General Submission: Consolidation of Documents and Materials, December 1995 2. Aspen Highlands Village: Village Core Site Plan 3. July 10, 19971etter from Glenn Horn to Lance Clarke AICP and Boazd of County Commissioners "Aspen Highlands Village Detailed Submission -- Additional Information for July 16, 1997 Public Meeting" 4. Aspen Highlands Village 1996 Tourist Accommodations Growth Management Quota System Application, November 15, 1996 5. Final Draft Aspen Highlands Village: Detailed Submission Consolidated Plan, September 1997 Garrow.AHV Meeting Room tti: ASPEN HIGHLANDS VILLAGE GENERAL SUBMISSION: Consolidation of Documents and Materials Prepared for HINES INTERESTS LIMITED PARTNERSHIP 526 E. Main Aspen, Colorado Prepared by Davis Horn Incorporated 215 S. Monarch Avenue Aspen, CO 81611 December, 1995 TABLE 5 REY TO BIIILDING II8E8 AS VIEWED FROM 800TH BIDE OF PEDEBTRIAN BTREET+ BDILDZNG ~}` IIBE LEVEL 9 Affordable Housing ~ Accessory Skier Services Public Office Meeting Room Accessory Skier Services 5 independent Commercial Affordable Housing 3 Affordable Housing Buildings are viewed from west t Figure 3. At Grade & Above At Grade Above At Grade Above At Grade & Above Or left 1tn rii.l.f_ Source: Davis Horn, Inc. & Robert A.M. Stern Architects; December, 1995 TABLE 6 REY TO BIIILDING IISES AB VIEWED FROM NORTH SIDE OF VILLAGE BTREET+ BIIILDING ~' IIBE LEVEL 1 Townhouse Residential 2 Tourist Accommodations Condominium Common Room Tourist Accommodations 4 Tourist Accommodations Accessory Commercial Independent Commercial Affordable Housing 6 Ticketing-Accessory Skier Services 8 Tourist Accommodations Accessory Commercial Tourist Accommodations Tourist Accommodations Buildings are viewed from East tc Figure 3. At Grade & Above At Grade At Grade & Above At Grade Above At Grade & Above At Grade Above or left to right -- see Source: Davis Horn, Inc. & Robert A.M. Stern Architects; December, 1995 Viewing the Village from east to west (left to right), one will see Buildings 2, 4, and 8. Building 4 has been designed to look like three small buildings which actually share the same lower floor. 36 . `,., , • .. 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', ~.. --- :k. _ _..._.... ~, ~, s.. .-, -~. ~ J Davis Horn~- PLANNING & REAL ESTATE CONSULTING ATTgi~s°'~'~d~ P July 10, 1997 Lance Clarke AICP Board of County Commissioners 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village Detailed Submission -- Additional Information for July 16, 1997 Public Meeting Dear Lance and Commissioners: This letter addresses requests for additional information made by the Board of County Commissioners at the June 30, 1997 public meeting and additional requests made by Lance Clarke subsequent to the meeting. The applicant is prepared to address most of the requests in this letter, however some presentation materials will not be completed until Tuesday, July 15. The applicant will meet with Lance on Tuesday to present the remaining materials. Land Use Code Amendment The Board tabled consideration of the proposed Land Use Code amendment which would provide a Growth Management Quota System (GMQS) exemption for commercial space in a mixed use Planned Unit Development. Leslie Lamont sought additional changes to the Code amendment to further define accessory commercial space. The applicant withdraws the request to amend the Code to address this GMQS exemption. The applicant will compete in the Pitkin County 1997 GMQS competition to acquire 29 Employee Generation Units (EGU's). The annual quota is 43 EGU's. Location and Type of Commercial Space There are four categories of commercial space proposed for Aspen Highlands Village (AHV); Tourist Accommodations Accessory Commercial, Independent, Accessory Skier Services (ASS) & Ticket Sales and Meeting Rooms. Table 1 allocates the commercial space to each category. Each are described in this section. Buildings are depicted on Figure 1. All data in this section refer to Net Leasable Area (NLA). ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SURE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roF.net ghorn@rof.net TABLE 1 3 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION: COMMERCIAL SPACE ACCESSORY TO THE PUD Type S.F. Independent* Retail 13,600 Restaurant 8,125 Sub-total 21,725 TAAC** Retail 8,000 Restaurant 6,000 Sub-total 14,000 Accessorv Skier Services (ASS & Ticket Sales ASS** 10,200 Ticket Sales Areas 1,800 Sub-total 12,000 Meeting Rooms Independent 1,800 TAAC 3,000 Sub-total 4,000 Grand Total 52,525 * Independent space includes neighborhood serving commercial space. It is projected that there will be between 1,500 and 2,000 s.f. of neighborhood serving commercial space. ** TAAC - Tourist Accessory Commercial, ASS - Accessory Skier Services *** All data reflect Net Leasable Area (NLA). Source: Davis Horn Incorporated; July, 1997 _~ Tourist Accommodations Accessory Commercial apace s Table 11 of the AHVDS proposes approximately 4,000 (NLA) square feet of Tourist Accommodations Accessory Commercial (TAAC) wait service restaurant space, 2,000 (NLA) square feet of TAAC limited wait service space and 8,000 (NLA) square feet of TAAC retail and 3,000 square feet of meeting room space. As we have previously indicated, the applicant is working with architects in the schematic design process to determine how the space will be programmed in buildings 2 and 8 which will house the vast majority of the tourist accommodation units. Some changes are probable as actual development of building plans proceeds. At this time, it is anticipated that the TAAC space will be allocated to buildings 2 and 8 as described in this section (see Figure 1). Buildings 2 and 8 will each contain no more than 2,000 (NLA) square feet of wait-service restaurants and 1,000 (NLA) square feet of bars with limited wait-service. The applicant is proposing a maximum of 3,000 (NLA) square feet of retail space in building 2 and a maximum of 5,000 (NLA) square feet of retail space in building 8. The services provided in these commercial spaces will be oriented primarily to guests staying in the tourist accommodation units. It is possible that the spaces will be smaller than proposed at this time, but they will not be larger. Independent Commercial Independent commercial space is divided between the Independent Restaurant and Independent Retail categories. As shown in Table 1 there will be 13,600 square feet of Independent Retail space and 8,125 square feet Independent Restaurant space. Approximately 1,500 to 2,000 square feet of the Independent Retail space will be allocated to neighborhood serving commercial uses. The Independent commercial space will be located in buildings 4, 5, and 7 (see Figure 1). Accessory Skier Services & Ticket Sales The ASS space will be allocated to buildings 6 and 7. The majority of the ASS space will be located in Building 7, located between the transit and pedestrian plazas. The remainder of the space is located in building 6, a small ticket kiosk located between the plaza and the Exhibition lift and the proposed Thunderbowl lift. Meeting Rooms Approximately 4,000 square feet of space will be allocated for meeting rooms. The independent meeting room will be located in building 7 and be comprised of no more than 1,800 square feet. It is anticipated that this space will be utilized by primarily by the Aspen Skiing Company. The space will also be available for community functions. There will be 3,000 square feet of TAAC meeting room space divided between buildings 2 and 8. It is possible that all of the space will be located in one of the two buildings. This space will be usually be utilized for gatherings which are accessory to the short accommodations uses in buildings 2 and 8. Projected Restaurant Space Employee Generation The Aspen Highlands Village: Detailed Submission (AHVDS) indicates that there will be limited wait service and full wait service restaurants located in AHV. It is projected that the full wait- service restaurants will generate 7.5 employees per 1,000 square feet of Net Leasable Area (NLA) and the limited wait-service will generate 5 employees per 1,000 square feet of NLA. In any case, there will be an employee audit to determine actual employee generation. It is anticipated that a there will be a scramble cafeteria, delicatessen and two or more bars located in AHV which will have limited or no wait-service. The cafeteria and one of the bars will be located in building 4. The applicant has surveyed Aspen Skiing Company restaurants to determine the average number of employees per 1,000 square feet of space employed at Aspen Skiing Company limited wait service restaurants. Restaurants such as High Alpine which incorporate full wait-service dining are not included in the survey. Table 2 shows the results of the 1996-97 skiing season survey of Aspen Skiing Company limited wait-service restaurants. The data indicate a survey of 10 ASC limited wait-service restaurants shows an average of 4.3 full time winter employees per 1,000 square feet of Net Leasable Area (NLA). ,~ TAHLE 2 ASPEN SKIING COMPANY LIMITED WAIT-SERVICE RESTAURANTS: 1996-97 EMPLOYMENT -------- -- Square Feet ---------- Restaurant FTE's* GLA* NLA* FTE's / 1000 of NLA -------------- Sonnies --------- 32 ---------- 6,969 ---------- 4,529 ---------------------- 7.1 Sundeck 39 7,705 5,008 7.8 Cafe Suzanne 33 9,720 6,318 5.2 Cliff House 16 11,548 7,506 2.1 Ullrhoff 36 11,400 7,410 4.9 Cafe West 10 2,070 1,345 7.7 Up 4 Pizza 3.75 2,178 1,415 2.7 Bump's 28.5 18,236 11,853 2.4 Merry-Go-Round 15 17,623 11,454 1.3 Highlands Cafe 16 11,977 7,785 2.1 * FTE's = Part-time and full-time winter employees have been adjusted to determ ine total full time winter employees. ** GLA = Gross Leasable Area. *** NLA = Net Leasable Area is 65 ~ of GLA. Source: Aspen Skiing Company Planning Department & Davis Horn Incorporated, April 1997 Park Land Dedication The applicant proposes dedicating 6.8 acres of land located along Maroon Creek to Pitkin County to be used by the County as a passive park. This land will satisfy the applicant's Park Dedication fee. The land is accessible from the existing Brush Creek Trail (aka Government Trail) located behind Iselin Park. The State Highway 82 Corridor Master Plan, an adopted component of the Aspen Area Community Plan, designates the subject site as Creeks/Rivers/Open Space (CROS) on the Future Land Use, Scenic Foreground and Transportation Plan. The dedication of the Maroon Creek land by the applicant is consistent with the adopted Plan for the area. Aspen Highlands Village Dorm Aspen Highlands Village will include 39 dormitory units which will house 50 people. The applicant has eliminated most of the two ~:~-.., person occupancy dorm units to increase privacy for dorm residents. The dorm units will be located in buildings 4 and 5. Occupancy priority for the dorm units will be for AHV, and ASC employees in the non-summer season and Music Associates of Aspen students in the summer season. The Board of County Commissioners approved seasonal use of the dorm units at General Submission. The Planning and Zoning Commission has recommended seasonal use of the dorm. Planned Unit Development Guide The applicant, staff and Planning and Zoning Commission recommend creating a Planned Unit Development (PUD) Guide to clarify many design issues associated with the Village. All restrictions which are enforceable by Pitkin County will be located in the PUD Guide as opposed to the Restrictive Covenants which will not be enforceable by Pitkin County. This will avoid the existing enforcement problem of having to search through thick covenants to located those restrictions which are enforceable by Pitkin County. All restrictions enforceable by the County will be found in one document, the PUD Guide. The PUD Guide will be utilized by the County and the applicant to document all variances from Code standards. Documentation of standards in the PUD Guide will assist the Village architects and County staff to review the plans for individual buildings as they are submitted for building permit. Lighting Standards The Aspen Highlands Village: General Submission proposes a comprehensive set of Lighting Guidelines prepared by Cline, Bettridge Bernstein Lighting Design Incorporated. Refer to Appendix 17 of the Aspen Highlands Village General Submission: Consolidation of Materials to review the proposed guidelines. The applicant proposes these previously provided lighting guidelines be incorporated into the Planned Unit Development Guide. This section briefly summarizes the lighting guidelines. The purpose of the guidelines is to establish design criteria to preserve the character of the Maroon Creek Valley. These standards are intended to mitigate light pollution. Standards are proposed under for the following subheadings: 1. Sources; 2. Illumination Levels; 3. Source Shielding; 4. Source Heights; 5. Illumination Techniques; 6. Residential Subdivision; 7. Switching & Control; and 8. Prohibitions. Sources. The following general lighting source types are acceptable providing they conform with defined parameters in regard to lamp color, color rendering ability, and efficacy (energy efficiency). 1. Incandescent, including quartz (tungsten-halogen) 2. Fluorescent 3. HID 4. QL (induction lighting) Illumination Levels. The following criteria are taken from the proposed Pitkin County Lighting Standards. 1. Public Parking Lots - from Ofc to .5fc 2. Pedestrian Walkways and Driveways - from .lfc to .5fc 3. Vehicular Intersections - from .5fc to lfc 4. High Activity Pedestrian Areas - from .Sfc to lfc 5. Security Areas - from lfc to 2fc Source Shielding. All sources shall be fully shielded, i.e., no light shall be emitted above 80 degrees from nadir (straight down). While this is a general guideline, the location, context and source will be part of the evaluation to insure that the lighting solution is in the spirit of these regulations. Source Heights. The mounted heights of fixtures shall be limited to twenty feet (20') above ground level. Illumination Techniques and Fixture Types. Within the Village: a. Borrowed light - when and where possible paths shall be lit from "borrowed light" emanating from retail and restaurant windows. Light shall be from a fully shielded incandescent source. b. Lighting posts - either decorative or decorative and functional but compatible with the design of the village area. c. Bollards and stoplights - preferred illumination method. d. Sign lighting - fully shielded light mounted directly to the sign to avoid unnecessary spill light. e. Canopy and overhang - fully shielded fixtures with lighting levels below lfc. Residential Subdivisions: a. Exterior lighting - house numbers shall be illuminated by fully shielded source. Landscaping shall be maintained so house number is visible from road. b. Security Lighting - shall come from a fully shielded device providing no more than lfc and mounted no more than ten feet above the ground. Switching and Control. 1. In the village - from dusk to 10 pm lights will be full on. 2 From 10 pm to 2 am retail shop illumination will be reduced by a pre-determined percentage to provide minimal illumination. 3. After 2 am all lights will go off except those necessary for reaching paths. Paths will be lit by fixtures for safety purposes. 4. At the residences, security lighting shall be controlled by a motion detector that limits its duration to five minutes. A panic switch shall be provided for which will turn the lights on for the five minute interval. A permanent override shall be prohibited. Prohibitions. 1. No low pressure or standard high pressure sodium lamps. No mercury vapor lamps. b. No exterior neon, cold cathode, linear fiber optic sources or the like. c. No rear illuminated signs. d. No lasers or special effects lighting (decorative or otherwise). Suitable standards for holiday lighting will be determined. No uplighting. No sports or recreational lighting. g. No roadway or driveway lighting in the residential subdivisions. Conformance, Enforcement and Penalty. These standards will be included in the PUD Guide and shall be provided to all residential and business owners. Lighting systems shall be reviewed (business and residential) on a periodic basis to assure continuing compliance. Fines and penalties shall be formulated for those in non-compliance. Schedule for Aspen Highlands Village Review The review schedule for AHV is addressed in the staff memorandum. The Board will not consider the AHV application again until September. The application will be heard at the regular meetings of the Board. The long gap between July 16 and the next review will disrupt the continuity of the review process. Additionally, it may be difficult to devote adequate time to the applicaiton on regular meeting agendas. The applicant requests the Board to discuss these issues on July 16. Landscape Phasing The applicant is completing a phasing plan for the landscaping. Plants lists and illustrations will be presented to Lance on Tuesday, July 15. The lists and illustrations will be presented at the July 16 meeting. Building Height and Roof Ridges The applicant has been working on improved illustrative techniques to depict building roof lines. These illustrations will be completed prior to the July 16 meeting and presented to Lance. The Board will review the illustrations at the July 16 meeting. Reconstructed Grade vs. Existing Grade At the June 30 meeting, the applicant and staff reviewed the applicants previously approved proposal to reconstruct grade on the subject site to simulate the natural grade prior to any grading i at Aspen Highlands. The reconstructed grade concept and the methodology for height measurements were approved by the Pitkin County Staff, Planning and Zoning Commission and Board of County Commissioners at General Submission. The Planning and Zoning Commission recommended approval of the reconstructed grade concept at Detailed Submission. There is precedent in Piktin County to use reconstructed grade for measuring height on sites which have been heavily disturbed by mining operations. The Detailed Submission has been based upon this approved reconstructed grade plan. A topographic map of reconstructed grade will be included in the PUD Guide. The County staff has requested the applicant to provide a section addressing reconstructed grade issues. The Board requested the applicant to address pedestrian circulation from the parking lot to the Village and transitions from the transit plaza to the Village. These materials are still being completed and presented to Lance prior to the meeting and presented to the Board at the meeting. Summary This letter addresses issues of concern raised meeting. The issues will be discussed on July 16. a call if you have any questions or requests information. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP at the June 30 Please give me for additional clarke.22 rF^ i. ,-, ., Aspen Highlands Village 1996 Tourist Accomodations Growth Management Quota System Application Prepared for HINES 426 E. Main Aspen, Colorado 81611 Prepared by DAVIS HORN Incorporated 215 S. Monarch Avenue, Suite 104 Aspen, Colorado 81611 (970) 925-6587 November 15, 1996 building 7, the skier services building. Promoting Environmentally Sustainable Development This section of the land use application summarizes how Aspen Highlands Village will help promote an environmentally sustainable community. Street Orientation -Village Road is oriented in a northeast to southwest direction. The street orientation has been selected so that the morning and afternoon sun shines down the street providing warmth in pedestrian areas. 2. Landscaping - The Aspen Highlands Detailed Submission land use application proposes an extensive landscaping plan (see landscaping plan submitted with Detailed Submission). The landscaping is consistent with the existing natural vegetation in the base area. Portions of the ski area will be revegetated. 3. Avoiding 1041 Environmental Hazard Areas -The Aspen Highlands Village has already received General Submission approval by the Board of County Commissioners. As part of General Submission, the Board granted 1041 Environmental Hazard Review approval. Promoting Recycling -Provisions will be made within Aspen Hrghlands Village for recycling. The Aspen Highlands Ski azea already has a recycling program. 5. Reduction of PM 10 Levels -The applicant has submitted an Air Quality Analysis prepared by Secor International within the Aspen Highlands Village Detailed Submission. The Air Quality Analysis demonstrates that the air quality mitigation plan proposed by the applicant results in a net positive impact on PM 10 levels in the Aspen Area. Maintain Design Quality, Historic Compatibility and Community Character This section of the land use application demonstrates compliance of Aspen Highlands Village with the Design Quality, Historic Compatibility and Community Character components of the Aspen Area Community Plan. The applicant retained Lisa Purdy, Historic Preservation Expert, to evaluate the 20 ~ - _~~.w historic significance of the existing building at the base of Aspen Highlands Village. Purdy's evaluation includes the following findings which are documented in her August 18, 1995 letter which appears as Appendix 1: • The building is not listed as a historical or archaeological resource of statewide importance, nor is it eligible to be listed. • The building is not listed in the Pitkin County historic inventory. • The base lodge is not listed as a County historic landmark and since there is no County adopted criteria, process or expert commission to make evaluations, any such Endings in the future could be considered arbitrary and capricious. • The building is not eligible to be listed on the State or National historic register. • While the Aspen Highlands base lodge may have nostalgic value for skiers and local residents, the building does not have any official historic value. • The building does not meet any of the established criteria for achieving historic designation and even if it did, it has been altered to such an extent that its original integrity has been lost. The following elements of Aspen Highlands Village aze consistent with the Aspen Area Community Plan Design Quality and Community Character objectives. Insuring Sites Usability for Social Activities - A major design objective for the Village is to create a place which is free of vehicles and comfortable for pedestrians. Private vehicles aze prohibited from entering Village Road. The center of the Village has been designed to be an ideal gathering place. 2. Preservation of Christian Endeavor Bar - In recognition of the nostalgic value of the base lodge, the applicant will reconstruct a portion of the Christian Endeavor bar in a new building in Aspen Highlands Village. The baz is currently the major gathering place in the Village. Local Meeting Room - An 1,800 squaze foot meeting room is proposed to be located on the second floor of the skier services building. This meeting room maybe reserved by local groups such as the Castle Mazoon Caucus for public meetings. 21 ^, ".~ w .~ .,~ q Aspen Vslley Ski Club House and High School Lift - Th eo Vlalley Ski Club House the Moore family to pay for the constnicuon of the new ~ of Powderbowl on Aspen and a lift which will run from the School to the top Highlands. The lift will be available to school children and members of the Ski Club. 22 Final Draft ASPEN HIGHL~-NDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared far HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by Davis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ` i J _~ _ _ _. _ ~ ~ ~ y W TABLE 10 ASPEN HIGHLANDS VILLAGE DETAII.ED SUBMISSION CONSOLIDATED PLAN: TOTAL NON-RESIDENTIAL EMPLOYEE GENERATION• Laud Use•• Affordable Housiuq Erection Tourist Accommodations 60.4 Independent Commercial Space 57.6 Accessory Skier Services 8.4 Total 126.4 • Fun Time Equivalent Fmplayen (FTE) wwlc 2.080 bouts per yar. •• Refer m Tabin 11 and 12 the following aepim for explanatim of employee genentim far each category. Source: Davis Horn Inc., September 1997 Tourist Accommodations The tourist accommodation units are comprised of lodge condominiums. The tourist accommodations are served by accessory commercial space that generates employees. Section 3- 130.20.C.3. (new Code) requires that 60 per cent of employees generated by tourist accommodations and commercial development be provided with affordable housing. Table 11 shows the 73 tourist accommodation units will generate a requirement to house 60.4 people in affordable housing. Independent Commercial Space and Accessory Sher Services Aspen Highlands Village will contain Independent Commercial space (IC) and Accessory Skier Services (ASS). Table 12 shows that the Independent Commercial Space (IC) and the Accessory Skier Services (ASS) will generate a requirement to house 66 people in affordable housing. Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised of retail space such as a grocery. J 23 .~ ..., A mewing room will be available for residents and guests of Aspen Ii'ighlanda Village. The United States Forest Service may utilize the ASS space as a V sitors Center in the summer. TABLE 11 ASPEN HIGHLANDS VILLAGE DETAILED SUBNHSSION CONSOLIDATED PLAN: t TOURLST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION A Tourist Accommodation. Lluits & Acc~+~orv (:ommercia_ mace Number of Employee Employes AHO Enctioo Peopk to T of S atx Units or S.F. Generation Rate• Generated Rate be Housed Tourist Accommodations 73 .4 29.2 .6 17.5 Restaurant (NI.A) Wait-Service 4,000 .0075 30.0 .6 18.0 Restaurant (NI.A) Limited Wait-Service 2,000 .005 10.0 .6 6.0 Retail (NLA) 8,000 .0035 28.0 .6 16.8 Condominium Room " 3,000 NA 3.5 .6 2.1 TOTAL NA NA 100.7 .6 60.4 • F~ployae Generation rates derived from Section 5-300.1 (c) Pittda County Lnd Use Code. As per Section 5-300.1 (c) employer generation is bsxd upon Net l,esvable Area. Net l.easeble Area is 80% of Grou Retail Space and 65 Y. of Restammt span. Restaurmt employee generation rates are baxd upon 5 employees per 1.000 sf of NIA restaurant apace for the limited wait service type dining end 7.5 employees per 1,000 sf for wait-service dining. •• 'Ibe condominium room will be used for a variety of functions. A mtal of 3.5 FI'Ea will be generated ea approved by the BOCC. Source: Davis Flom Lrc.; September. 1997 5 24 ~ ~ `~' - ~ TABLE 12 ASPEN ffiGHLANDS VILLAGE DETAILED SUBMLSSION CONSOLIDATED PLAN: INDEPENDENT COMMERCIAL SPACE AND Y ACCESSORY SIQER I SERVICES EMPLOYEE GENERATION Employee AHO Peopk Square Genentiou Employees Erection to be T3'Pe Space Feet Rate• Generated Rate Housed Iedepsedmt Co m rri 1 Retail ~) 13,600 .0035 47.6 .6 28.6 Watx Restaurant (NI.A) 2,000 .0075 15.0 .6 9.0 Restaurant (NI.A) Limited Wait-service 6,125 .005 30.6 .6 18.3 Meeting Room•• 1,800 NA 2.8 .6 1.7 Ski Area Storage.'' 2,200 NA NA .6 NA Subtotal Aeeessorv Skier Service 25,725 s & Ti k t Sal NA %.00 .6 57.6 ASS•••• e 10,200 NA 9.4 .6 5.6 Ticket Sales •••• 1,800 NA 4.6 .6 2.g Subtotal 12,000 NA 14.0 .6 8.4 Grand Total 37,725 NA 110.0 .6 66.0 ' Employee Generation rags derived hum Section 5300.1 (c) Pitldn County Lod Use Code. ILe reatseant employee generation tares arc based upon 5 employes Per 1.000 sf of NLA rutaurent span for the limited wait cervix type dining and 7.5 employees per (,000 sf for wait-service dining. As per Section 5-300.1 (c) employee generation based upon Nd Leasable Area. NLA for retail space = 80% Gross Leasable Area (GLA) and 65 % of restaurmt space. •• ILe meeting room will be used intermittently. A total of 2.8 FTFs will be geaeratcd as approved by the HtX;C. "' Ski Area Storage Space will be uUlind for ski smtage, racing equipment and other ski area related functions. •••• (ASS) Aaessocy Skier Services -Public and em to x rest P Y rooms, ski school, UrJret sales, guest service, aki patrol, taeiag pragtam, lift operations, and admirrisuation are located in buildings and 7. Ticket Bela will be in buildings 6 and 7. ILis space may be used as a Forest Servix information center without additional employx generation. Source: Davis Hom Inc.; September 1997 25 ~', ~`' ..+ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Planner Jlv,~ THRU: Jennifer Phelan, Community Development Deputy Director DATE OF MEMO: September 25, 2007 MEETING DATE: October 2, 2007 RE: Aspen Highlands Village (133 Prospector Rd) - Substa tial PUD Amendment, Subdivision -Resolution No. ~ Series 2007 - (Parce12735-142-13-55 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, City of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free- market residential, and affordable housing. PROPOSED LAND USE: Conversion of a condo meeting room space to a commercial space. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve, with conditions, the PUD and Growth Management requests. SUMMARY: The Applicant requests the Planning and Zoning Commission approve a PUD Amendment and a Growth Management Review for the change in use. 1.... Photo area Revised 9/27/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 1 of 3 REQUEST OF COMMISSION: The Applicant requests a PUD Amendment and a Change-in-use Growth Management Review in order to convert some Condominium Meeting Room space to commercial space at the Highlands Village base. BACKGROUND: The applicant proposes converting a 650 square foot Condominium Meeting Room space to commercial space. The Meeting Room space is located in an existing mixed-use building adjacent to other commercial space. The area is located on the ground level of Building 2, Block D of the Aspen Highlands PUD (part of the Village Core). PUD History: The Highlands PUD was approved in 1998 and was annexed into the City in 2000. Part of the original approval required an employee audit to determine if the Applicant over or under mitigated for the employees generated by the development. The employee audit determined that the Applicant over- mitigated in the original approvals by 14.89 Full Time Equivalents (FTEs), leaving the Applicant with a credit of FTEs to be used for Hines projects in Pitkin County. To date, the credit has not been utilized. Previous Land Use Application for this Space: In 2006, the Applicant requested the Planning and Zoning Commission grant a PUD Amendment and City Council grant a Subdivision Amendment to convert the Condo Meeting Room space in question in this application and an adjacent commercial space to one (1) free-mazket residential unit. Staff recommended against this request because residential space in this location did not meet the review criteria. As part of that discussion, the possibility of converting the Condo Meeting Room space to commercial space was brought up. Staff supported the idea at the time. However, no Growth Management Allotments were available at the time, so the Applicant went forward with their request to convert the space to Free-Market Residential. The Planning and Zoning Commission voted in favor of the PUD Amendmentz, and City Council voted against the Subdivision Amendment, so the request did not receive the approval required. STAFF FINDINGS: The Commission is asked to approve aChange-In-Use to convert 650 sq. ft. of Condo Meeting Room Space to Commercial Space. Staff is supportive of this proposed change-in-use. The condominium space in question is attached to existing retail space -both spaces aze unfinished. The space as it exists today is undivided, and "fronts" on the ski mountain. Staff is supportive of retail in this space, as it will help increase the vitality along the Pedestrian walkway and next to the ski mountain. The use of retail in this location is consistent with the original PUD approval, and is consistent with the AACP. Staff recommends in favor of this request. ~ Staff recommended against the request because Staff feels Commercial Space is the most appropriate use in the Village Core, as the conversion did not meet the provisions of the Aspen Area Community Plan, and because placing residential space in this location was inconsistent with the original PUD approvals. s The Commission first voted to deny the project, reconsidered the project and then voted to approve it. Revised 9/27/2007 G:\cityUessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 2 of 3 .-, "..+ The Applicant applied for a Subdivision Amendment as part of this request. After examining the Application, Staff has determined that a Subdivision Review is not required because the change-in-use has no effect on the recorded plat. PUD AMENDMENT: Staff finds that all requirements in the PUD Review Criteria are met by the project. It is consistent with the nature of the PUD and will help increase the vitality to the area. The conversion represents a minimal impact on infrastructure, pazking, and traffic, and already includes the infrastructure hookups required to be a functional commercial space. Further, the proposal is consistent with the Aspen Area Community Plan (AACP).3 GMQS CHANGE-IN-USE: Staff finds that the proposal meets all requirements of the Growth Management Review Criteria. The conversion generates a mitigation requirement of 1.14 Full Time Equivalents (FTEs). The Applicant may use the existing 14.89 credit to meet this obligation. Therefore, the remaining credit will be equal to 13.75 FTEs.4 RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria for a PUD Amendment, Subdivision Amendment, and Growth Management Review. The proposal is consistent with the goals of the AACP by providing additional commercial space in an appropriate location, located neaz temporary and full-time residents, and located near transit. Staff recommends approval of the request. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2007, approving a Substantial PUD Amendment and aChange-in-Use Growth Management Review for the conversion of Condominium Meeting Space in Building 2 to commercial space at 133 Prospector Road." ATTACHMENTS: A -PUD Amendment Review Criteria. B -Growth Management Review Criteria. C -Housing Board Recommendation. ' See Exhibit A for Staff s response to all the review criteria. "The Applicant indicates the change-in-use results in fewer FTEs generated than with the Condo Meeting Room Space. Staff disagrees with the calculations done by the Applicant, and has determined that the conversion generates more FTEs than the Condo Meeting space. See Exhibit C for Staft's full calculations. See Exhibit D for the Housing Boazd's recommendation. Revised 9/27/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 3 of 3 j.. ~.+. ~. r RESOLUTION NO. - 2007 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND A CHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITHIN COUNTY, COLORADO PARCEL N0.2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and Zoning Commission approved Resolution No. _ Series of 2007, by a _ to ~ - ~ vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standazds and aze consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Resolution No. _, Series 2007 Page 1 -~ i ., ,...+ Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment and a Growth Management Allotment for the conversion of 650 squaze feet of condominium meeting space to commercial space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO, Pitkin County, Colorado. Section 2: Growth Management Allocation The City of Aspen Planning and Zoning Commission hereby approves a Commercial (NLA) Growth Management Allotment of 650 squaze feet for the conversion of Unit C-2103 from Condominium Meeting Room Space to Commercial Space. Section 3: Building Permit Application Should the Applicant decide to apply for a building permit related to this change-in-use, the Applicant shall submit a copy of this resolution in addition to all other items required by the Community Development Department at the time of submittal. Section 4: Dimensional Requirements The proposed development as presented in the plans contained within the application dated August 13, 2007 complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Construction Management At the time a building permit is submitted, a construction management plan shall be included with that submitted which meets the requirements of the Engineering and Building Departments in place at the time of Building Permit submittal. Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No. _, Series 2007 Page 2 ~ ~ APPROVED BY the Planning and Zoning Commission of the City of Aspen on this October, 2007. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Brian Speck, Co-Chair G:\cityUessica\Cases\A}iV PUD Amend\Commercial GMQS\P&ZWiV PZ Reso_I O 02 07.doc day of Resolution No. _, Series 2007 Page 3 ~.s Exhibit A EXHIBIT A -PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standazds outlined in Land Use Code section 26.445.050, including: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from commercial and meeting rooms to residential is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space (NLA) to 650 sq. ft. of commercial space (NLA). The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that aze locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center neaz extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan Staff finds this criterion is met for the change-in-use. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from Condo Meeting Rooms to commercial uses is consistent with the character of the land uses in the azea. The conversion will help make the existing Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 1 of 7 ~ .'~ ,~ , .~ Exhibit A Highlands commercial spaces more functional, while retaining a large amount of Condo Meeting Room space. Staff finds this criterion is met for the change-in-use. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will not adversely affect future development in the surrounding area. It ensures existing spaces are made more functional, and retains some Condo meeting Room space for future use. Staff finds this criterion is met for the change-in-use. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The Applicant has requested aChange-in-Use Growth Management Allotment at part of this application (See Exhibit C). Should the Planning and Zoning Commission grant the request, Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for aU properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding [and uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes are internal and would not require new structures. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazazds will be altered. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 2 of 7 ~ -~ ..s Exhibit A c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natwal chazacteristics will not be changed by the proposed change-in-use. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. There will not be significant impacts on noise, traffic, pedestrian circulation, or historical resowces. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The change in use is an internal change and will not impact the amount of open space or site coverage. Staff finds this criterion is not applicable. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. There is available parking for this commercial space. Fifty-eight (58) spaces are allocated to the Village Core employees. Staff finds this criterion to be met. b. The varying time periods of use, whenever joint use of common parking is proposed. Joint pazking is not proposed for this project. Staff finds this criterion is not applicable. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the azea. An auto distinctive program is in place for the PUD. Staff finds this criterion to be met. d The proximity of the proposed development to the commercial core and general activity centers in the city. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 3 of 7 ~. r~ ~, Exhibit A Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen's commercial core, with extensive transit access. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development There are adequate roads in the PUD. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifzcally, the maximum density of a PUD may be reduced if.• The proposed changes aze not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically,. the maximum density of a PUD may be increased if.• The change-in-use will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 4 of 7 ~r `'~ Exhibit A D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within an existing structure. Staff finds the landscaping criteria to not be applicable for the change- in-use request. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures aze proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Pazk, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 5 of 7 .-.' ~ Exhibit A unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed commercial unit will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD azea to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. 1. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet thefollowing criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The proposed change-in-use will have access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create trafftc congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The change-in-use is for a relatively small amount of space, and will not have a significant impact on traffic patterns. There is extensive transit service to the azea, and there is an adequate number of paking spaces to accommodate the change-in- use. Staff finds this criterion to be met for the change-in-use. Exhibit A -PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 6 of 7 °~ Exhibit A 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD aze privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. There is agate to the parking gazage. Residents and employees have passes to gain access to the gazage. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The proposed change-in-use is to be completed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A -PUD Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 7 of 7 ~'"~ ~""''' Exhibit B EXHIBIT B - Ci1VIOS CHANGE-IN-USE A change-in-use, of an existing property, structure, or portions of an existing structure, between the use categories identified in Section 26.470.020, (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which is intended to be reused, shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Suffuient growth management allotments are available to accommodate the change-in-use, pursuant to Section 26.470.030(D), Annual Development Allotments. The applicant proposes converting an existing 650 sq. ft. Condominium Meeting Room in Building 2 (Condo PH 2 Unit 2103) into commercial space. According to the Community Development Department's list of available allotments, there is 15,985 sq. ft. of commercial growth management allotments available for the 2007 growth management yeaz. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. The change-in-use from Condo Meeting Room space to Commercial space is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. fr. of meeting room space (net leasable azea, or NLA) to 65U sq. fr. of commercial space (NLA). The Economic Sustainability section of the. Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and focally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center near extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan. Staff finds this criterion is met for the change-in-use. c) Sixty (60) percent of the additional employees generated by the change, according Section 26.470.OSO.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Any affordable housing units provided shall be approved pursuant to Section 26.470.040.0.7, Affordable Housing at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Exhibit B - GMQS Review Criteria G:\cityUessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 1 of 3 ~,. ,, , `"' Exhibit B When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 square feet of meeting room space, therefore the share of 650 sq. ft. is equal to approximately .45 FTEs ([650/3000 = .216] [.216 2.1FTE _ .45FTEs]). The current code states that every 1,000 sq. ft. of net leasable area generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. ft. * (4.1/1000) = 2.13). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.3 FTEs (2.66 * 60% = 1.59). As indicated above, the Applicant mitigated for .45 FTEs in the past, so the mitigation requirement generated by the change-in-use is 1.14 (1.59 - .45 = 1.14). Because the PUD has a credit of 14.89 employees that were over-mitigated for, the Applicant has fulfilled the affordable housing requirement. The credit should be amended to 13.75FTEs (14.89 - 1.14). Staff finds this criterion to be met. d) No more than one (1) free-market residential unit is created through the change- in-use. The change does not reduce the number or quality of affordable housing units on site or such change as been approved by the Aspen/Pitkin County Housing Authority. There are no Free-market Residential units created by this proposal. Staff finds this criterion to be met. e) Affordable housing net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to thirty (30) percent of the additional free-market residential net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. Additional net livable affordable housing space beyond this the Floor Area requirement may be developed below Natural or Finished Grade but shall not count towards this criterion. Affordable housing shall be approved pursuant to Section 26.470.040.0.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. There is no affordable housing proposed as part of this application. In the original PUD approval, the applicant over-mitigated by 14.89 FTEs. Because of this credit, which is "vested in perpetuity," the applicant is not required to provide new affordable housing for the change in use, but is required to use the credit to mitigate Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 2 of 3 ~- `"~ Exhibit B for the generation. No additional credit will be given for the fewer employees generated by the change-in-use. The Staff finds this criterion to be met. ,n The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The change-in-use will not represent a significant increase in the demand on pubic infrastructure. Staff finds the criterion is met. Exhibit B -GMQS Review Criteria G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 3 of 3 Exhibit C MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 26, 2007 RE: ASPEN HIGHLANDS VILLAGE: SUBSTANTIAL PUD AMENDMENT, GMQS EXEMPTIONS FOR CIIANGE IN USE ISSUE: The applicant is requesting a GMQS review to change the use of 650 square feet of meeting room to commercial space. BACKGROUND: According to Section 26.470.100A, Employee Generation Rates, 60% of the employees generated by additional commercial or lodge development need to be mitigated by the provision of employee housing, and is provided at a Category 4 rate. Based upon previous approvals for Aspen Highlands Village, the net leasable azea is about 80% of the total leasable azea; therefore, the applicant will need to provide mitigation for 520 squaze feet (650 square feet X 80%). Since the applicant proposes to utilize the space for commercial uses, the additional 520 squaze feet generates 2.13 employees. Section 26.470.100.A of the City Land Use Code indicates that the employee generation rate for commercial space in the SKI BASE zone district is 4.1 employees per 1,000 squaze feet of net leasable area. The applicant needs to mitigate at a 60% rate, therefore, the mitigation required for this change in use is 2.13 X 60% = 1.3. The applicant states that the applicant already provided housing for 2.1 FTE's when the PUD was developed; therefore, is asking for an additional credit of .8 FTE's. The applicant received approval from a former request in 2004, due to a housing audit, of a credit of 14.89. The Housing Authority Board approved this credit on May 5, 2004. Due to the fact that there is a crisis for employee housing units, staff would recommend that no further credits be allowed. A further audit could be required, which should include the amount of employees generated by each free-mazket residence. This was NOT included in the original audit. Staff believes that if the free-mazket units were taken into consideration, Aspen Highlands Village would not receive a credit. RECOMMENDATION: The Housing Boazd reviewed the application at their regulaz meeting on September 19, 2007 and would recommend approval of the change in use and that mitigation has been satisfied, but would request denial of any additional credits thereby the credits remain at 14.89. Housing Boazd Referral Comments, Exhibit C G:\cityVessica\Cases\AHV PUD Amend\Commercial GMQS\Housing Board Comments.doc Page 1 of 1 ,-_ ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 13 J ~1 I,QU W I V~ !-(/ I ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: G a ~Z ~c'7 ~ , 200_ STATE OF COLORADO ) ss, Couuty of Pitkiu ) I, V ~~VL yL,~TV ~ ~! ,~/~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, ~ waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. . Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 1 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r r.. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The regoing "Affidavit of Notice" was aclmowledged before me this ~ day of rG.~ 200 by ~erln /~/ Plc la ti Pueuc NoncE WITNESS MI' HAND AND OFFICIAL SEAL iHLAND VILLAGE-GROWTH ' REVIE PUD OTHER AMEND n gDlvlsl ~ My commission expires: V'4' w gEgy EN that a public blaring I ~~_ Tues y~ Ocbbe~ 2, 200 e'rncn ' . It ~ Meeting ROOm, Gity Hell, I:fV ~" "-- lication submittetl by the FUb11C - "" >en, to consitler an app Hines HigM1lantls Limitetl Colora0o 810133 owner of Aspe0. 84111 l 4ti n l l '` . for Drive. reaeMatl by Davis Horn the subecl property, rep vert existing ~ .. / ~ ~' . / osln to con Ina The applicant is prop g ace into commercial space. s ~ ; ,' C ~ ; p ontlo meeting room The applicant is reguesting the following develop ement Ooota Sys a `: ~ g mem approvals: Growth Man tam approval for achange-in-use', PUD Omer ~ ~AC~ V ~F1t`t Amentlment for the ccace'. anE SUbdiv sign OOl O 1 1.~TM HIGHLANDS BLOCK OF C m. tact Jessica Garrow at COPYOFTHE PUBLICATION nify Development De iL, Aspen, CO, (9]0) y Dylan Johns, Chair yOTOGRAPH OF THE POSTED NOTICE (SIGN) Aspen Planning and Zoning Commission Published in Ole Aspen Times Weekly on Saptem bar 16, 200]. (BA43]3) vVNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL )ATE ioI :z I o-~ ~A7E ~o~~-Ion ~rME y ; ~~ YM _ ~3~ S ~,k~~N~. st wf"~ e.~_ ~'~ i`1 . ~ _U - G ir1 HAIL ~~ S (,141 ~ 1.# ~a PLACE A-BEN PURPOSErrz lsT f ~~ ~.1 ~ ~-1ES i~llli'~~A~S I.7G PAr T uG~ S1"~'t' r A>rli~ Nt1-M4'~,1P~ V «_ ~I~ v CpNV ••_- ~S LHA NV~ v S~ ~ Pao o .,.~~. ~ «v ,,..: .~.ys3 ,W1LR ~ ..4~^M..ruf ~~' ~ . CWT` t w1~ N G M•o~ANOf t'•~IAFi ?M 1~1•~lw " L~ f-. NN 4* (URI MfA IM O~ • ) ! 4f J 1i~/16f IMa,s'~~~N CO I i PUBLIC NOTICE TIME 4:3u ~M ~3t) ~ (s hl ANA PLACE ~ ~ ~'E N . ~_C- - G Iry 1D CeNS~[~F2 PtiOl~c'S AL Tri .c•uVl1[T I ST 1 Nei ~a w7a M!6 T 1 W i RgpN TD Lo-+MiR~-'wL itw~e ~VM4Zs LHA Ai~rG ~A) V SF_ t PVO OT1'144 A..cre..s.R~ A+t4~~MI• H~wtiSKIO~AAes t~rAi.,FA<r.'r .n ra...r-r.+na }r III wf1 u c• LjrAa ~S-6...+•~...w~o. v,...~~ (i0 NOO 9M 1 r w./i.. n.M ~VOf •-~ri ,fGF __ TM~nt_.e N ~.r.v __-_- rw ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTIt;E RI.O.UIRED BY SECTION 2[6.304.060 (E), ASPEN LQ.ND USr. CODE ADDRESS OF PROPERTY: ~ 33 Pro e~i.1~ Dri'/.~ ,Aspen, CO SCHEDULED PUBLIC HEARRr~G DATE: ~c7 IZ _, , 200 STATE OF COLORADO ) ss. County of Pitkin ) I, G~~' . h t'v. ~J ~^ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official \V paper or a paper of general circulation in the City of Aspen at least fifteen (15) da~ca-prior to the public hearing. A co!ry of the publication is attached hereto. //Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not / ~ less than one inch in height. Said notice was posted at least fifteen (15) days /LF/, prior to the public hearing and was continuously visible from the /_(~ day of 200? , to and including the date and time of the public he~' g. A photograph of the pasted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a rwtice obtained from the Community Development Department, which conta~,ns the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the crrrent tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,-~, _,,_ Rezaning or text amendment. Whet. ° ~.°~ thN ~~"i.:.~: _~ning district map is in any way to be changed or amended ; n~:i _1enC=:, ,c or ss cart of a general revision of this Title, or whenever the text ~` ,,:5 a ifl? is to be amended, whether such revision be made by repeal of tl::~ i i~~: and euacteient of a new land use regulation, or otherwise, the require+ ^ent of an accurate survey map or other sufficient legal description of, and fl:e notice to and listing of names and addresses of owners ~f real propert~•.in the azea of ~ •~e proposed change shall be waived. Howe. er, the proposed Vining map shall be available for public inspection in the planning agency di~ri~l business l~~rs for fifteen (IS) days prior to the public hearing on such a epts. The foreggofgqg ` Affidavit of Notice" was aclaiowledged before me thisr may of C~c~h[~I~ , 200, by ~T~P..-~ r1 ~1 {' t'1 Wi'LNESS MY HAND AND OFFICIAL SEAL ~~•;; commission exp' es: ~ ~ ~. Notary Public ATTACHMENTS: CCrPYOF THEPe1BLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL 4 ~S~ ~ ~,~ Ie-~ PUBLIC NOTICE ~ 11 ~ ~'r~ RE: ASPEN HIGHLANDS VILLAGE -GROWTH MANAGEMENT REVIEW, PUU OTHER AMENDMENT, AND SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2, 2007, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Hines Highlands Limited Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011, owner of the subject property, represented by Davis Hom Inc. The applicant is proposing to convert existing condo meeting room space i::to commercial space. The applicant is requesting the following development approvals: Growth Management Quota System approval for achange-in-use; PUD Other Amendment for the conversion meeting room space to commercial space; and, Subdivision Other Amendment for conversion of meeting room space to commercial space. The property is legally descrbed as CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H, City and Townsite of Aspen. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ Dvlan Johns. Chair Aspen Planning and Zoning Commission Publish in the Aspen Times on September 16, 2007 City of Aspen Account / \ / vV City of Aspen GIS 13U ~: Golona SL Aspen, CO 21611 Rhone: '370-020 5453 Faz: 970-544-5373 DATE: 9/10/07 GAS ~~~ BILL TO: Glen Horn Davis Horn Inc 215 5 Monarch Sl Ste 104 Aspen, CO A7611 970-925-6587 DESCRIPTION AMOUNT Mailing Labels 133 prospector $60.00 Sales Tax $5.16 Total $65.16 'i,uesUpna r,~~nr,~inn ~ this invr~ira_, ~pn~act Foul Hempel THANK YOU FOR YOUR BUSINESS! A83Atl-O9-008-L uolun~lsw,p, -~ ~ wm•Aiane•Mmm a01na; el za;Insu ALVARADO ANTONIO & BEATRIZ PO B(~X 878 ASPEN, CO 81612 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BURROWS HUGH & SARA 0115 BOOMERANG RD #5106 ASPEN, CO 81611 DAANE OLIVIA O 8 DEWEY 0199 PROSPECTOR RD #3106 ASPEN, CO 81611 DELAK ERICA 0199 PROSPECTOR RD #3102 ASPEN, CO 81611 FADALE JENNIFER B PO BOX 3653 ASPEN, CJ 81612 FERRARO JAMES JR & JAMI LEE 39 BOOMERANG RD #8124 ASPEN, CO 81611-4308 HALFERTY SARA 215 S MONARCH AVE STE 202 ASPEN, CO 81611 HINES HIGHLANDS LP 0133 PROSPECTOR RD #4111 ASPEN, CO 81611 KEATING CHRISTOPHER J & SUZANNE R 0199 PROSPECTOR RD #3107 ASPEN, CO 81611 ;uawe8iey~ r~s~ua5 ®09L5 ®A83Atl 3Nege6 el zesgh0 • paled E salhe; sauanbl;; ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS CONDO ASSOC INC METRO DIST C/O CONTROLLER 715 W MAIN ST 0075 PROSPECTOR RD ASPEN, CO 81611 ASPEN, CO 81611 BIGGINS KENNETH MARK 0115 BOOMERANG RD #5406 ASPEN, CO 81611 BUYSSE MICHAEL & ANIR 0115 BOOMERANG RD #5107 ASPEN, CO 81611 DANIEL ROBERT JR 517 E HOPKINS ASPEN, CO 81611 DOMOSZLAY KATALIN 0115 BOOMERANG RD #5410 ASPEN, CO 81611 FAGAN CHARLES D PO BOX 1107 ASPEN, CO 81612 GOSDA HEATHER 0199 PROSPECTOR RD #3110 ASPEN, CO 81611 HARPRO LLC PO BOX 8769 ASPEN, CO 81612 JAWORSKI KAREN 39 BOOMERANG RD #8123 ASPEN, CO 81611 KIKER KART & JOHN R 0039 BOOMERANG RD UNIT 8121 ASPEN, CO 81611 BUILDING 7 LLC C/O ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 CHAUNER RONALD M PO BOX 8782 ASPEN. CO 81612 DASARO ROBERT A JR 8 STEPHANIE L 0039 BOOOMERANG RD #8122 ASPEN, CO 81611 DUNN MICHAEL 8 SHERRI 0115 BOOMERANG RD #5102 ASPEN, CO 81611 FEHER LAWRENCE D 0115 BOOMERANG RD #5404 ASPEN, CO 81611 GRAUER DONNA 517 E HOPKINS ASPEN, CO 81611 HAWK JUDSON LOUIS III 507 LAKE CT BASALT, CO 81621 JOHNSON TEREE L PO BOX 4884 ASPEN, CO 81612 LAING JAMES M 517 E HOPKINS ASPEN, CO 81611 T 09L5 Tainleaj laad Ase3 ao; jaded paadT ®09L5 31MdW31®tiany as0 i OO OO AjJ~\/~ i iaauc uoinnnsw aac ~ ~ slage-I laad Aseq ~a~: ~.v-w-uuu-~ uvµ~uu~w,p __-- luawa6~ey~ ap sua5 ®0915 ~~i~83Atl;I~ege6 al zas011~ wo~•/uane•mnv~n a01na; el za;Insi,a~ ~ . - ialed g selpe; sauanbli_ LISMAN ADRIANA LYONS DAVID C LYONS MICHAEL 0115 BOOMERANG RD - #5308 0155 BOOMERANG RD #5409 1690 HOMESTAKE DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MACHUCA JOSE MBEREKO ISAAC l"P & LAUREN P MEYERSTEIN TRUST SIBRIAN JENNI PO gOX 10296 0115 BOOMERANG RD #5103 0199 PROSPECTOR RD #3111 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MORSE ROGER PURCELL ERICA RANDEL LINDA 133 PROSPECTOR RD UNIT 4212 0115 BOOMERANG RD #5403 PO BOX 2603 ASPEN, CO 81611-3390 ASPEN, CO 81611 ASPEN, CO 81612 RECH LAURIE 8 CHRISTOPHE REED TIMOTHY G & LYSA S RITZ-CARLTON DEVELOPMENT 0199 PROSPECTOR RD #3109 0199 PROSPECTOR RD #3105 COMPANY INC ASPEN, CO 81611 ASPEN, CO 81611 6649 WESTWOOD CENTER BLVD STE 500 ORLANDO, FL 32821 ROBERTSON JOHANNA ROCKY MTN CATTLE VENTURES LLC SAUDERS STEVE 0115 BOOMERANG RD #5405 300 S HUNTER ST 0199 PROSPECTOR RD #3104 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCHAFER ROBERT P SHANKS ROBERT H SILVERA CHERIE R 0133 PROSPECTOR RD #4201 0115 BOOMERANG RD #5304 133 PROSPECTOR RD #4305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-3391 SMITH SARAH SPOFFORD FRANK STEWART MILTON M JR & CAROLE C 199 PROSPECTOR RD UNIT 3112 PO BOX 2535 0115 BOOMERANG RD #5103 ASPEN, CO 81611-4306 ASPEN, CO 81612 ASPEN, CO 81611 TAYLOR JOSEPH W & NORA S THOMPSON JESSE THOMSEN CERENA E & CHRISTIAN 0115 BOOMERANG RD #5108 0115 BOOMERANG RD #5408 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 THUNDERBOWL DEVELOPMENT CO LLC TUCKER AMANDA D UMBARGER MARK R 95 BARBER GREENE RD #305 pO gOX 1500 0115 BOOMERANG RD #5407 DON MILLS ASPEN, CO 81612 ASPEN, CO 81611 ONTARIO CANADA, M3C 3ED VAN CHASE LLC 750 HEARTHSTONE DR BASALT, CO 81621 T ®09LSOOA213/go/Q WILLE RESIDENCES CONDO ASSOC WITT PATRICIA COMMON AREA 0115 BOOMERANG #5109 ASPEN, CO 81611 ~aan;eaj laad ,(se3 ao; jaded paadT ®0915 31V1dW31®tiany asg MJ ; 1aa45 uol;~n~;sul aa5 ~ ~ ; M> slage"1 laad 6se3 m THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: September 4, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0041.2006ASLU, 197 Prospector Rd and 2735-143-13-550, respectively. I will be handling this case. ^ Your Land Use Application is incomplete: We found that the application needs additional complete and for us to begin reviewing it. We contents for you application: 1. 2. 3. 4. 5. items to be submitted for it to be deemed need the following additional submission Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^X Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. of Aspen, Community Development Department G:\cityUessica\CasesWHV PUD Amend\Commercial GMQS\Notices\CompletenessLetter_AHV commercial GMQS.doc ,, August 8, 2007 Jessica Garrow City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Dear Jessica: Hines This letter authorizes Davis Horn Incorporated to prepare a land use application to change the use of the meeting room in Aspen Highlands Village Building # 2 to a commercial space. Thank you. Sincerely, Robert E. Daniel Vice President Hines Cc: Glenn Horn ~~E~ aus ~ 0 2ao~ ~~larr~ 0133 Prospector Road Suite 411 L Aspen, Colorado 81611 (970) 920-1801 (970) 9203829 FAX r,. ~ . 3MQS Allotments ( 1. Free Market Commercial et Lodging Residential Leasable Pillows 13 19,556 112 Aspen Highlands Village 300 Nicholas Lane (Centennial) 434 E. Cooper (Bidwell) ~ ~~ ,~v 650 1N.~ ~L, _ti?, ~ s~ C ~ ~~ Davis Horn~- ~, PLANNING & REAL ESTATE CONSULTING ~., "`° August 13, 2007 r r~ Jessica Garrow City of Aspen Community Development Department 130 South Galena Street "' Aspen, Colorado 81611 rr Re: Aspen Highlanda Village: Substantial Planned Unit Development Amendment, GMQS Exemptions for Change in Use ~ Dear Jessica: Hines Highlands Limited Partnership ("applicant") is represented by ~ Davis Horn Incorporated in this land use application. The applicant is the developer of Aspen Highlands (AHV) Planned Unit ~ Development (PUD). r Aspen Highlands Village PUD is located on Maroon Creek Road at the .- base of the Aspen Highlands Ski Area (see Attachment 1, Vicinity Map). Attachment 2, the Aspen Highlands Village Final Plat page 4, "' depicts the Blocks within the PUD. The applicant is proposing to amend approvals for land uses located in Block D, the Village Core. .. Attachment 3, Final Draft of the Aspen Highlanda Village Detailed Submission Consolidated Plan sheet A005, is a part of the Site Specific Development Plan for the PUD. Attachment 3 depicts the .. buildings in the Village Core which are labeled as 2-8. The applicant is proposing to convert a 650 square foot meeting room ,,, located Building 2 to commercial space. The applicant has met with the Community Development Department to identify the applicable land use reviews and process. Refer to the '~' Pre-application Summary Sheet (Attachment 4) This land use rr application seeks approval for: ~ 1. Planned Unit Development Amendment - Other Amendment (Section 26.445.100 B.) 2. Growth Management Quota System Exemption for a Change in ~ Use (Section 26.470.040 C.5.) 3. Subdivision - Other Amendment 26.480.080 B. • ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SURE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roF.net ghorn@roEnet r .., w, Jessica Garrow August 13, 2007 ... Page 2 BACKGROUND ~ Aspen Highlands Village PUD received Final Plat approval from the Pitkin County Board of County Commissioners (BOCC) on May 5, 1998 pursuant to Resolution 98-70 (see Attachment 5) According to recital # 3 of the Resolution, the plan summarized in the Aspen Highlands Village Detailed Submission Consolidated Documents, September 1997 constitutes the Site Specific Development Plan for AHV PUD. The Site Specific Development Plan calls for the r development mix listed in the BOCC Resolution 98-70 recitals (see Attachment 5). w Section 21 of the Subdivision Improvments Agreement for the Aspen Highlands Village PUD establishes that upon completion of the phase ~„ 1 capital improvements, the AHV PUD Site Specific Development Plan will "be deemed vested in perpetuity (see Attachment 6). The phase •- 1 capital improvements comprised of the installation of utilities and roads in the Maroon neighborhood, AHV PUD Block G. These "°' improvments have been completed for many years: consequently the ,,,,, AHV PUD approvals are "vested in perpetuity." -- The Site Specific Development Plan includes approval for 32 four bedroom townhouse free market dwelling units. Sixteen townhouses were approved for Block C and 16 for Block E. Prior to site ,,g development, the applicant determined that the site plan for Block E could be improved by eliminating one of the townhouses. r- Attachment 7, the AHV PUD Block E plat, shows that there are only 15 townhouse located in Block E: townhouse 11 has not been '"' developed. y This land use application proposes utilizing the credit to offset ®, any required amount affordable housing mitigation should it be determined by the City of Aspen that housing mitigation is required "' for the Change in Use. However, ,,~, '~~ g;ph ghat the Ck3a~+~„, „}Use, in fact, ~"i'i'~'V'"~d83tional housing '~ credit fob tT~e app icanl3'. Housing mitigation is not required. r The City of Aspen annexed the AHV PUD in April of 2000. The ~ annexation agreement called for the City of Aspen to recognize the ~ Site Specific Development Plan approved by the Board of County Commissioners and the AHV PUD vested property rights. Condition # ,., 16 of BOCC Resolution 97-67 which approved the Site Specific Development Plan (see Attachment 8) reads as follows: r "An audit of Full Time Equivalent Employees shall be conducted at the applicant's expense one year after completion of Phase r .. r .-, "~, ~. yr `..~ ,,~ u, Jessica Garrow August 13, 2007 ,~, Page 3 rr ~' Four. The applicant shall be responsible for housing .. mitigation or any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If +~ the required audit shows a reduction in employee generation ~ the applicant may seek a credit to be used on other Pitkin County projects." The applicant completed the employee audit in 2004 and it showed "' that the applicant was entitled to a credit of 14.89 Full Time Equivalent Employees (FTE's) The Aspen/Pitkin Housing Authority "~ approved the credit at a May 5, 2004 meeting (Attachment 9). The .. motion of approval reads as follows: .. "Guthrie made a motion that the Housing Board reviewed the findings of the audit and concluded that Hines Highlands Partnership has satisfied their mitigation requirement for the ,,,, development of Aspen Highlands Village; that the audit concluded that there as a credit of 14.89 FTS's;• Hines ~- Highlands Limited Partnership may seek a credit of 14.89 FTE's to be used on other Pitkin County projects; and that at such '" time that any credits would be utilized that the credit be ,,,, noted in a recorded document until such time as all of the credits are utilized." LAND USPs APPROVALS ~. This section of the application demonstrates compliance with the following Land Use Code sections. r 1. Planned Unit Development Amendment - Other Amendment '" (Section 26.445.100 B.) r 2. Growth Management Quota System Exemption for a Change in ». Use (Section 26.470.070 1.) 3. Subdivision - Other Amendment 26.480.080 B. r Planned Unit Development Amendment ~' (Section 26.445.100 B) ~ This section of the application demonstrates compliance with Section 26.445.100 B. Planned Unit Development, Other Amendment. The Code requires the City to find that the proposed amendment is ~ consistent with or enhances the final development plan. The applicant will demonstrate that the application is consistent with the final development plan by addressing the PUD standards. 0 r ~,. ,,.~ _. ~~.. ~. ~~ Jessica Garrow August 13, 2007 .,, Page 4 sr w .. Standards appear in bold followed by the applicant's response. ~ A. General Requirements 1. The proposed development shall be consistent with the ,~ Aspen Area Community Plan. ~ Aspen Highlands Village PUD is a mixed use development located at the base of a ski area. Pitkin County and the City of Aspen both found during the land use review r process that the PUD is consistent with the AACP. Attachment 5, BOCC Resolution 98-70 recital # 3 shows the +~ approved land use mix for the PUD. The changes in the land use mix proposed in this application are insignificant. .. The conversion of a meeting room to commercial space will ~- not significantly change the mix of land uses in the PUD. The PUD will still be consistent with the Aspen Area '" Community Plan (AACP). .. .- 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. .. The proposed PUD amendment is consistent with the mixed uses in the PUD. Refer to the mix of uses in Attachment 5. 3. The proposed development shall not adversely affect the ,,,, future development of the surrounding area. ... There will not be any impact on the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are ~. available to accommodate the proposed development and will be considered prior to, or in combination with, ~ final PUD development plan review. i An GMQS exemption was granted for 16 free market four ,,, bedroom townhouses to be developed in Block E. Attachment 7, the Plat of Block E shows only 15 townhouse '~' units have been platted Block. One unit has not been built. r ,~ Jessica Garrow August 13, 2007 .,.. Page 5 -~ °" S. Establishment of Dimensional Requirements rr la. The character of, and compatibility with, existing and expected future land uses in the surrounding area. r The proposed changes are predominantly internal as there ,,. are no new structures being developed. The character of the surrounding area will not be affected. r lb. Natural or man-made hazards r Natural and man-made hazards will not be affected. lc. Existing natural characteristics of the property and the surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Existing and natural characteristics will not be '~ affected. ld. Existing and proposed man-made characteristics of the ,,. property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical P- resources. There will not be any impact on surrounding noise, _, traffic, transit, pedestrian circulation, parking and historical resources. Please refer to Section I.2 of ~- below for a discussion of automobile impacts on the road system resulting from the proposal. ~„ 2. The proposed dimensional requirements permit a scale, massing, quantity of open space and site coverage .- appropriate and favorable to the character of the proposed PIID and the surrounding area. r .. Existing internal areas are proposed to be converted. There will not be any changes to the existing dimensional ~.+ requirements. Scale, massing, open space and site coverage will not be affected. ,.. 3a. The appropriate number of off-street parking spaces shall ~, be established based upon the following considerations: The probable number of cars used by those using the ""' proposed development including any non-residential land uses. ., .. r .~. ,-~ i.. . s Jessica Garrow u August 13, 2007 .. Page 6 w~ There is parking available to accommodate the commercial ^. space The Final Draft of the Aspen Highlands Village Detailed ~ Submission Consolidated Plan (Site Specific Development ~ Plan) includes Table 8, Off-Street Parking Plan (see Attachment 9). The Aspen Highlands Village Detailed Submission Consolidated Plan identifies 58 parking spaces in the Village Core to be utilized by Village employees. i 3b. The appropriate number of off-street parking spaces shall ~ be established based upon the following considerations: ~ The varying time periods of use, whenever joint use of common parking is proposed. ~ Joint use of common parking is not proposed. 3c. The appropriate number of off-street parking spaces shall be established based upon the following considerations: ~ The availability of public transit and other transporation facilities, including those for pedestrian access .and/or the commitment to utilize automobile "„ disincentive techniques in the proposed development. a+ There is an extensive public transit program in place to serve the PUD. An auto disincentive program was implemented to serve the PUD. 3d. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The proximity of the proposed development to the "" commercial core and general activity centers in the City. .. Aspen Highland Village PUD is approximately four miles .,. from the center of Aspen. Aspen Highlands Village is an activity center in the City of Aspen. ~ 4a. The maximum allowable density within a PUD may be reduced " if there exists insufficient infrastructure capabilities. .. Specifically, the maximum density of a PUD may be reduced if: There is not sufficient water pressure, drainage, capabilities, or other utilities to service the proposed development. ,~ ,. There are adequate utilities in place to serve the proposed PUD amendment. r '~ 4b. The maximum allowable density within a PUD may be reduced w r ^ ~„~ ,.. ~ .~. Jessica Garrow ,,, August 13, 2007 ,„, Page 7 w ~' if there exists insufficient infrastructure capabilities. r Specifically, the maximum density of a PIID may be reduced if: There are not adequate roads to ensure fire ~ protection, snow removal, and road maintenance to the ~ proposed development. „~ There are adequate roads, fire protection and snow removal to serve the proposed amendment. 5. The maximum allowable density within a PUD may be reduced "' if there exists natural hazards or critical natural site +~ features. .. The new commercial space will be located in Building # 2, an existing building. r 6a. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. ,,,, Specifically, the maximum density of a PUD may be increased if: the increase in density serves on or more -. goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which "' the property is subject. The applicant is not proposing to increase the density of .. development. ~^ 6b. The maximum allowable density within a PUD may be ,,,,, increased if there exists a significant community goal to be achieved through such increase and the development ,., pattern is compatible with its surrounding development patterns and with the site's physical constraints. "' Specifically, the maximum density of a PUD may be increased if: The site's physical capabilities can "^ accommodate additional density and there exists no ~. negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas ~' can be avoided, or those characteristics mitigated. The applicant is not proposing to increase the density of ,., development. 6c. The maximum allowable density within a PUD may be increased if there exists a significant community goal to '~ be achieved through such increase and the development W 1r .~ ~. .... ~ •/ Jessica Garrow August 13, 2007 ..~ Page 8 '~ pattern is compatible with its surrounding development r patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be ~ increased if: The increase in maximum density results in r a development pattern compatible with, and complimentary to, the surrounding existing and expected development ~„ pattern, land use and characteristics. "' Residential density will not be increased. ~ C. Site Design r The standards in this section are not applicable to the ~. proposed PUD amendment because there are not any external r changes being proposed to the Village Core. The Village Core is designed and constructed. D. Landscape Plan r The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with ,,, surrounding parcels and with existing and proposed features of the subject property... The proposed development shall comply ~.. with the following: D.1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of 0 ornamental plant species suitable for the Aspen area climate. ,,,, Changes to landscaping are not proposed. D.2. Significant existing natural and man-made site features "' which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Landscaping changes are not proposed. There will not be any external changes to AHV PUD. r ~ D.3. The proposed method of protecting existing vegetation and other landscape features is appropriate. There will not be any changes to the existing vegetation. r r r E. Architectural Character ~' ~ ~, ~ ., ,,,, Jessica Garrow August 13, 2007 .,.,, Page 9 ... "~~ The standards in this section are not applicable to the ~. proposed PUD amendment. The buildings in the Village Core have been completed and the exterior of the w. buildings will not be affected by the proposed amendment. F. Lighting The standards in this section are not applicable to the ~ proposed PUD amendment. The lighting plan for the Village has been completed consistent with the AHV PUD ~' Guide. The proposed amendment will not affect the r lighting plan. *+ G. Common Park, Open Space or Recreation Area r Common areas, open space and recreation areas will not be ,~ affected by the proposed amendment. The standards in this section are not applicable to the proposed PUD amendment. "` H. Utilities and Public Facilities There will be little, if any, impacts on utilities and -~ public facilities resulting from the proposed amendment. ~ I. Access and Circulation ., The purpose of this standard is to ensure the development .r is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian "" and recreational trail facilities and minimizes the use ~, of security gates. The proposed access and circulation of the development shall meet the following criteria: I.1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to a public or private use. Each structure in the Village Core has access to a public ~ street. Attachment 3 depicts the relationship between ,~, the buildings and the street system. ,. 2.2. The proposed development vehicular access points, and parking arrangement do not create traffic congestion on "" the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to '~ accommodate the development. ... m ~ ~~ w ~ ..~ ~, Jessica Garrow August 13, 2007 .~ Page 10 ~~. '~ There will be a negligible change in traffic patterns. I.3. Areas of historic pedestrian or recreational trail use, ~ improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to ,,. significant public lands and the rivers are provided through dedicated public trail easements and are proposed '- for appropriate improvements and maintenance. '~" There will not be any changes in the relationships ~ between the existing Village Core buildings and the trail system. Trail easements were dedicated to the public in .~ the original PUD approvals and public trails were constructed and dedicated to the public. ~ I.4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, '~ pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. „~ The proposal will not affect the AACP trails plan. The applicant implemented the Revised Maroon Creek Corridor -~ Detailed Transportation Plan as part of the AHV PUD approval process. The Plan is Appendix 2 of the Aspen `" Highlands Village Detailed Submission Consolidated Plan. .. I.S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and 's emergency access. r The streets in AHV PUD are privately maintained and ... available for use by the public. The land use proposal will not affect access for the general public or emergency vehicles. "~ I.6. Security gates, guard posts, other entryway expressions .. for the PUD, or for lots within the PUD, are minimized to the extent practical. ~ Streets within the AHV PtiD are not gated. There is a gate and a fee to enter the skier parking structure ,. during the ski season. Residents and employees parking in the residential and retail employee garages use passes ~ to enter the garage. Ski passes are required to pass the entry gates for the Exhibition and Thunderbowl chairlifts. w C r~ Jessica Garrow August 13, 2007 .„, Page 11 '" J. Phasing of Development Plan +r The purpose of this criteria is to ensure partially ~ completed projects do not create an unnecessary burden on ~ the public or surrounding property owners and impacts of an individual phases are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development 'r plan. The applicant anticipates development upon approval of • this applicaiton. Phasing is not proposed. Growth Managment Quota System Exemption „~ for a Change-in-Use "' Section 26.470.040 1. "' This section demonstrates compliance with the standards in Section ,,, 26.470.040 1. of the Land Use Code. The applicant proposes converting the existing meeting room space (Condo Unit C-2103), .- located in Building 2 to commercial space. The City of Aspen issued Certificates of Occupancy (CO) for the spaces in Buildings " 2 more than two years ago. Attachment 10 is a copy of the CO for ~„~ Building 2. .. 1. Sufficient growth management allotments are available to "'" accommodate the proposed development pursuant to Section ,,,,, 26.470.030.D. ..,. The applicant is seeking a GMQS exemption to ~ha'-use oS` Cale 650 Square foot meeting room to commercial spaces! The """ City staff has indicated that there is available commercial quota. r 2. The proposed development is consistent with the Aspen Area Community Plan. ,~ Aspen Highlands Village PUD is a mixed use development located at the base of a ski area. Pitkin County and the City of .,. Aspen both found during the land use review process that the PUD is consistent with the AACP. Attachment 5, BOCC ~' Resolution 98-70 recital # 3 shows the approved land use mix for the PUD. The changes in the land use mix proposed in this application are insignificant. The PUD will still be ... „., Jessica Garrow August 13, 2007 ,,,„ Page 12 °" consistent with the Aspen Area Community Plan (AACP). W 3. The development conforms to the requirements of the zone A district. r The proposed Change in Use is permitted in the SKI zone. '~' 4. The proposed development is consistent with the Conceptual Historic Preservation approval, the Conceptual Design Review "" approval, and the Conceptual Planned Unit Development r approval, as applicable. .. The Planned Unit Development approval is the only applicable approval. The proposed change is consistent with the PUD rr approval.- w 5. Unless otherwise specified in this chapter, sixty (60) percent ~ of the employees generated by the additional commercial or lodge development, according to Section 26.470.100 A, Employee "~ Generation Rates, are mitigated through provision of ,~ affordable icing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4, Affordable Housing, at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An Applicant may choose to provide mitigation units at a lower Category designation. .. The existing space in Building 2 which is proposed to be converted to commercial space was approved as a 3,000 square "' foot Condominium Meeting Room. Based upon the data in the ~~„ September, 1997 Aspen Highlands Village Detailed Submission Consolidated Plan, Table 11, approximately 2.1 FTEs would ,~ need to be housed to mitigate for the space in Building 2 (see Attachment 11). This mitigation has already been provided as " part of the AHV PUD on site affordable housing program. ""' Section 26.470.100 A.of the Code indicates that the employee .. generation rate for commercial space in the SKI BASE (SKI) zone district is 4.1 employees per 1,000 square feet of Net Leasable Area (NLA) commercial space. '°'"~,: aad~~p ~' i ~~~dra~ D~tslel~d Sulmioeioa Coaeolidatr~d ~+]:an Ta l e 11 r, , indicates that NLA is 80 percent of total space. Based upon ,,, this standard the 650 square foot meeting room will contain approximately 5B0 square feet of NLA*(650 sf x 80% = 520 sf of NLA). It is projected that if the meeting room space is converted to commercial space it will generate 2.13 employees. '"~ (520 sf x .0041 generation rate = 2.13 employees). The total .. ... ~. .~. ,~. Jessica Garrow August 13, 2007 r^ Page 13 .... number of employees required to be yprl~rees housed to offsets the commercial space would be 1.3'(2.13 employees x 60% = 1.3) '^' Since the applicant already provided housing for 2.1 FTE's it when AHV PUD was developed, the applicant is entitled to a credit of .8 FTE's as a result of the proposed Change in Use. .~ The applicant requests that the housing credit be added to the housing 14.89 FTE housing credit which resulted from the 2004 ~ housing audit. Therefore, the Change in Use will result~in ~ AHV PUD have a total Housing credit of 15.69 FTE's (14.89 FTfi's + .8 FTE's = 15.69 FTE's). r "" 6. Affordable housing Net Livable Area, for which the finished ,., floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of additional free-market residential Net Livable Area, for which the finished level is ~ at or above Natural or Finished Grade, whichever is higher. Affordable housing shall be approved pursuant to Section .. 470.074.4, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority °' Guidelines, as amended. An applicant may choose to provide ~„ mitigation units at a lower Category designation. Affordable Housing units that are being provided absent a requirement ,,,. ("voluntary units") may be deed restricted at any level of affordability, including Resident Occupied. .. The preceding standard is not applicable because additional "" housing is not required. The Change in Use results in a ... housing credit. +~ 7. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but ie not limited to, water supply, sewage treatment, energy and communication utilities, drainage "" control, fire and police protection, solid waste disposal, parking, and road and transit services. ~ The Change in Use will result in negligible, if any, impacts on the services identified above. r v ~, ~ ./ ~.,, ,,,, Jessica Garrow August 13, 2007 ^* Page 14 ... Subdivision - Other Amendment i 26.480.080 B. "" This section demonstrates compliance with Section 26.480.080 B. of ^, the Code. w B. Other Amendment. Any other amendment shall be approved by City ~ Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent w with the approved plat, the amendment shall be subject to review as a new development application for plat. r The proposed Change in Use is an interior re-model which will have no effect on the approved Plat. Plat changes will not be „~ necessary. SOlYIIYlARY r This land use application has demonstrated compliance with the ~' section of the Aspen Land Use Code identified in the Pre- ..~ application summary sheet. ~^ The following list of attachments is provided to assist in the W, review of the application. ,.. 1. Vicinity Map "' 2. Aspen Highlands Village Final Plat page 4 "' 3. Final Draft of the Aspen Highlands Village Detailed Submission «. Consolidated Plan, sheet A005 4. Pre-application Conference Summary Sheet 5. Board of County Commissioner's Resolution 98-70 Granting Aspen „~ Highlands Village Planned Unit Development Final Plat Approval "~ 6. Subdivision Improvments Agreement for the Aspen Highlands Village PUD ,., 7. Subdivision Plat of Block E, Aspen Highlands Village PUD, Townhome Residences Maroon Neighborhood, Phase 2 ~ 8. Board of County Commissioner's Resolution 97-67 Granting ~ Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review and Special Review Approval to The r r ... Jessica Garrow August 13, 2007 ^- Page 15 Aspen Highlands Village PUD 9. Minutes of the May 5, 2004 Regular Meeting of the Aspen/Pitkin °' County Housing Authority .~. 10. September 1997 Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan Table 8, Off-Street Parking Plan ,,,, 11. Certificate of Occupancy for Aspen Highlands Village PUD Building 2 r 12. Aspen Highlands Village Detailed Submission Consolidated Plan, "' Table 11 13. Letter Authorizing submission of land use application 14. Fee Agreement r 15. Proof of Ownership ~- 16. List of Property Owners located within 300 feet and °°' 17. Land Use Application form. .. Please contact me at 925-6587 if I can provide any additional information and or materials. Thank you for your assistance. °" Sincerely, DAV S HORN INCORPORATED .. ., ~ GLENN HORN AICP ~' AHV.07A r w rr ~. s .~~ i :!Mi'' ~ rI m.. 1 Yscirsit3/ d/ap N.T.S. ATTACHMENT 1 ar r ~.. 6 1L K _ _ _ _ 1 ' ~ 1 ~ h ~ 1 I I 9 W V Q - nn r.. /a nr. •rr /3~ ~~ 0 a ~ 1 1 q~~ y 1e~.7f ~ Alrl' / q pd l J / r., i i ~ / ,~ n ~ / (` j J ~- --: ~ ~- 1, \ V ~ r \ 9 a P ~' 1 / / ~ ~ ~ ~rl~ / y N m~i rol~t/ N .~ 1.1 3 / / ~a"`~l '' l 1~~I~I S 1 i 1 1 ~I /' ` ~ ~ V ~ 1~ ~, ~4~ ~ / I `1 p S r Do*~~ _ r r er Ir, ~ _ a f\ ,~., ~~ bG.. ~ 0 ~! h ~ ~. _ ~ D ~ J h ~ ~ 1 ~ h ~ \ a i 1 ~J / / O 1 ' ~ / .nr' . , d~ . f+ I ~ ~~ ~ ~ \ •• ~~ ~ ~ Ws Qua ; ! , ~ ~ \ \ ~, ~ ro :. i 3 ~ ~~~ ~\ ~ Q _ 9 \ ~ ~`;\ 1 ~p \~ 1 ~ \ K \ ii E ~ \ ti~ ~ } i v" ~ r ~ \Va 1 / o \~ 1 ~ V L r \~ ~ ~ ~ \, i m v q ~ py C b ~ µr0 h q 41 \ 0 h ~ ~( y rrn 4 . 'W O 1//I Nr. 14 1/r. 4r1. n1 IIW.u ~I LS Nr3/ 41.11' ,aa;RR p-R:77~ aR a 7°~ ~~3a~e~ ~ R° a eR iq =7 , i ~ 7 c~ i ~ a y`~ ' ; ~~ . / ; ~t.77777 77 j j I R ` ; R C R ~~a. ~ ~ +r rrrr~~= ~ v l (n ~,r ~+~ IIr a +n !1 / ~ I - ~~ ~\ h\ `r __ Jam. __ ti h\ \ ~ ~e ~~I Ir~`7f,\~ \\ \ \ ~~ \~1 _ ~ ~ ~ ~ rr~ r q y (~ i T \/ °gp f 9.ra \ 4J rr ~ .rm tlrrr.rw a' Xaa/~ uootory ~6OY n ~ ~ ~ ,y v~ ~o O ~, N h 4 ~9 ,n ~ ~ -1 r tf .i I- h d3 .~ ~ C f \ °a~ ~ ~ b I , O l4 ~~~ ~ ~: ~~ ~~ i !7~' 1`7/R4 k ~~`~UGJ N f F l~j~~l~~ i ~~~ r77~j 7 ~! ~~Fr~E~~~i} •~•~n lel~l'IO q 4, :T C Q U 2 r o~^ w ~-,~ S Otr~ 0 s' ;'°:- C ~~~ ~~ o_ _ u C ~ O ~~oo W ~, ~ c LI ~ p ~ ~o OIL ~ r~ z 3~o'E U m uc o ~s 3~ ~t ~~ ig Jc a 1 W M W V ~ ' ~ ~ .~ ' i ~ ~ [] ¢ S Z ~ ~s o ~ C G` ~ I o ~~ ~ O ~ ~ I I i ~ a Z ~Ui i i~' I I ii ~I A ~ < a y' y M Q - V: _ J J p, ~ ~ I ~ ~ ~ - , ~cr l 1 Q ~ 1 ~~ 1 ~; ~ J-- 1 __ 1 ' ~ ~ ~ ~PII ~i~J~. a 1 1 I ~1 'I 1 1 _.- I 1 = ~1 1 .;\ ---- „~. ~i;!~ ~~~~~il p, 1 ,,,~, ~;, 1 1 is;, 1 1 1 = ~=~; ,, ~. 1 ,., ,/j 1 1 , ~; I ~ 1 ~ ~„!, 1 1 ~;~~ 1 1 li~i 1 1 ~~ 1 ;, 1 , / ~ 1 1 ~~i ~~~ 1 ~'q ~~~ ~ ~ ~~~~ 1 I ~i~,~ 1 I ~ ~'~~! 1 ' I j';'~ 1 1 ,~ I ~ 1 IIIP 1 1 1 1 1 ~' N \', ~~~ ' '--~ ~~ :. ' `~----- J~ ---- / __ a 4 i ~~ ~ ~ ~ 1 I 1 1 a ~~: r 1 I '~ 1 1 1 1 ~i : ( / 1 1 1 ~ V ~~ ~~~\ ~~ I _ `~ 1 ~~~~~~~~~~ I 1 I 1 1 ~ i 1. I I ~~ ~ 1 C 1 . ` 'i i I' ua"-)a~ f}, ~i'~' II I• I ~~ I ~' ~ I° ~• I~L~I ~ ~_ iii ~i ) ~~. .' '~ -i ~ i ~ ~ ~ / / i /- ~~/ / ~ ice/ / /i/ /i l ~\\/ \ / I / /y ... CITY OF ASPEN "" PRE-APPLICATION CONFERENCE SUMMARY ATTACHMENT 4 .. PLANNER: Jessica Garrow, 429-2780 DATE: 5.21.2007 """ PROJECT: Aspen Highlands Village, '~' REPRESENTATIVE: Glenn Hom ~„ Davis Hom, Inc. Tel: 925.6587 DESCRIPTION: The Applicant would like to amend their PUD to convert a Condo Meeting Room Space in Building 2 to Commercial Space. `~ This required a PUD Amendment as well as a Growth Management Review for aChange-in-Use. In the past, the Applicant .. has indicated that they have an existing credit of 14 FTEs for the Highlands PUD. Proof of this will need to be provided in the r, Application. Should the Applicant wish to use this credit as mitigation for the Change-in-Use, the Applicant will need approval from the Housing Department. ^„ This pre-application conference was conducted before any proposed changes to the GMQS Chapter of the Land Use Code were passed. Should the proposed changes pass, the Applicant will be subject to a Change-in-Use review, which is a minor GMQS Review with the Planning and Zoning Commission. Further, the Applicant would be able to submit this application at .. any time during the Growth Management Year. The Applicant is advised to check with Staff prior to submittal of this Application to determine what changes may or may not have occurred under the Growth Management Chapter (26.470). .. W Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.100.8 PUD -Other Amendment "~ 26.470 Growth Management (Change in Use) ~- 28.480.080.6 Subdivision -Other Amendment http:I/www.as penpitki n.comldeptsl381citycode.cfm v. Review by: -Staff for complete application `" -Referral agencies for technical considerations ~. -Planning and Zoning Commission for PUD Amendment, GMQS for aChange-in Use -City Council for Subdivision Amendment r Public Hearing: Yes at P&Z for PUD Amendment and at Council 2~d reading of Ordinance. r Referral Agencies: 'flg Referral; $204,. Planning Fees: $2,820 for 12 hours of staff time. Additional time is billed at a rate of $235 per hour. ,,. Total Deposit: $3,024 w ^. To apply, submit the following information: ^ Proof of ownership with payment. ^ Signed fee agreement. ^ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ^ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ~, C ^ Total deposit for review of the application. ""~ ^ 18 Copies of the complete application packet and maps. ~° HPC = 12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =1/ea.; Planning Staff = 1 „~ ^ An 8112" by 11"vicinity map locating the parcel within the City of Aspen. ^ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. ,., (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) "' ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed ~- development complies with the review standards relevant to the development application. Please include existing .. conditions as well as proposed. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. -~ ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of ,~ the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by .+ the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department "" at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, ~' which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary e does not create a legal or vested right. r wr r,. r i r w r w r r s r ~- ATTACHMENT 5 ., A RESOLUTION OF "e`t".' ~/;iARD OF COUNTY COMMISSIONERS OF ~''a''Y:`•N COUNTY; ... COLORADO, GRANT.t1YG FINAL PLAT APPROVAL TO THE ASPEN F1lt~arf+.,F..;~ID3 VILLAGE PUD •'^ .. Resolution No. 98-~ '"'" Recitals .~+ 1. Applicant, Project Location, and Approval Requests - HILP Moumain Limited Partnership, Aspen Highlands Mountain Limited Liability Company, Aspen Highlands Skiing Corporation, Whipple ""' Van Ness Jones and Hines Highlands Limited Partnership, (hereinafter referred to as "Applicant") have applied to Pitkin County for approval of the Aspen Highlands Village ("AHV") project. The w application specifically requests approval for Rezoning, Special Review, Growth Management ota "' System Allotments ("GMQS"} and Detailed Subtttissiott/Plaaned Unit Development ("PUD"). The Aspen Highlands Village site is located in the Mazoon Creek Valley at the base of the Aspen Highlands Ski Area and contains approximately 70 acres. The pazcel is more specifically described in Exhibit A. "' The Subdivision/PUD General/Conceptual Submission was approved with conditions as evidenced in Board of County Commissioners ("Board") Resolution 96-141. The Subdivision/PUD Detailed Submission was approved with conditions by the Board oa October 29, 1998 by Resolution 97 /~0 7 . r 2. Esisting.Uses -The subject site is improved with the Maroon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a pazking lot containing approximately 742 off- " street parking spaces. Existing buildings contain approximately 39,194 square feet of commercial space, 1,970 square feet of skier services, and 13 tourist accommodation units in the Mazoon Creek Lodge. ... In the late 1980's Pitkin County issued a demolition permit to demolish the Highlands Inn which .. contained forty-trine (49) tourist accommodation units, 400 square feet of retail space and 2,500 sgttaze .W feet of bar and restattrant space. The Highlands Inn was demolished subsequem to the issuance of the demolition permit. .. "- 3. The Plan -The land use actions identified in the title of this resolution are the third step in the approval process necessary to enable the Applicants to demolish all of the existing buildings at the base "~ of the Aspen Highlands Ski Area and construct AHV, a new mixed-use village on the site. The plan .r summarized in the Aspen Highlands Village Detailed Submission: Consolidated Documents. September 1997 constitutes the Site Specific Development Plan as defined in Section 6-5.7. of the "~ Pitlda County Land Use Code. The AHV Plan includes the following elements: O ~1~ Thirty-one (31) single family detached free-market dwelling units (20 of these development " l~ \' /~ rights to be obtained through acquisition of TDRs). ~. W/ Thirty-two (32) townhouse free-market residential dwelling units; Seventy-three (73) tourist accommodation units; Thirty-seven (37) Category 1 dorm units (housing 61 people); r Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); Twenty-eight (28}attached Category 3 affordable housing sale units (3 bedroom); r Eight (8) Category 1 and eight (S) Category 2multi-family sale units (1 bedroom); Two (2) Category 3 one bedroom rental units; '~ Five (5) Category 3 two bedroom rental units; W 11 ((II II w I I"~~I ~IIII ~'II'1 II~I~' II'~ III ~I~II'I ll{ "I~I II'I I I 423200 10/18/1090 03:10P RESOLUTI DAVIS SSLVI .~. 1 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO _. ,.-, ,.~. t>,^so(ution No. 98-ZQ -. r"age 2 "" Ten (10) Caze[aker Dwelling Units; ,,. _V. Twenty-one thousand, six hundred (21,600) square feet of retail space (Net Leaseable Area y 'ti "NLA"): ,`i ""' Twelve thousand (12,000) square feet of accessory skier services (NLA): w ~ Fourteen thousand, one hundred twenty-five (14,125) square feet of restaurant space, (NLA): Three thousand (3,000) squaze feet of condominium meeting roo[ns (NLA); One thousand eight hundred (1,800) squaze feet of meeting rooms (NL.A)~ "" Two thousand two hundred (2,200) square feet of ski azea storage {NLA): r Four hundred fifty (450) pazking spaces for the Aspen Highlands Ski Area; and Two hundred and thirty (230) off-street parking spaces for the affordable housing and ~ tourist accommodation units and AHV employees. r 4. Applicable Land Use Code -The Applicant submitted the AHV: General Submission land use +~ application in 7tme of 1993 and did not receive General Submission approval until March 13, 1996. in April of 1994, the Board of County Cornntissioners adopted a new land use code. By separate ~ resolution (Board Resolution # 94-68), the Boazd established a policy for the review of land use ,. applications which were in process at the time of adoption of the "new" Code. Resolution # 94-68 lications that have been submitted by March 16, 1994 land use a i ll " ~ pp ve act a specifically states that shall be reviewed pursuant to the existing Land Use Code". The term active has been established by the Boazd as meaning an application which is substantially complete attd ready to be scheduled for review. w Since the AHV application was not only complete, but had actually been before the Planning and ~ Zoning Commission and the Board of County Commissioners prior to March 16th, the Board found that the Highlands Village application me[ the criteria for an "active" application at the time of the °' adoption of the "new" Land Use Code. In accordance with Boazd Resolutions 95-10 and 96-6, the Board and Applicant mutually agreed that all Growth Management Quota System (GMQS) allotments and exemptions would be processed pursuant to Sections 3-140, 3-150, 3-160 of the "new" Pitkin County Land Use Code. ,,,, .-• Board of Cotmty Commissioner Review Process -The Board considered the AHV Final Plat 5 . at a duly noticed public heazing on Apri122, 1998 and at a public meeting on May 5, 1998. ,,, 6. NOW, THEREFORE, BE IT RESOLVED by [he Board that it does hereby grant Final Plat , r approval for AHV PUD subject to the conditions~^l°~is^t°~e~-d,^,~'below. ]iY~ll~.l~ I. All conditions and requirements of HOCC Resolution No. 96-141 and 97-167 shall be adhered ,.. to unless specifically modified by the terms of these conditions. 2. The applicant shall adhere to all ma[erial representations made in the application, supplemental „~ materials, and in public meetings. The applicant or development entity or successors and assigns shall be responsible for all 3 . ma[erial representations made in General Submission, Detailed Submission, Final Plat, the r Aspen Highlands Village PUD Guide and the Subdivision Improvements Agreement (SIA). In the event of conflicting representations during the five year land use review process, the last representations made and approved by the Boazd shall control. r ~ t I I Illlll "III llilll llllll Illl IIII lNlill ill illil Illl I'll 423200 10/1/1990 03: SOP RESOLUTI DRVIS SILVI 2 of 9 R 41.00 D 0.00 N 0.00 PITKIN COIMTY CO ..~ r Resolution No. 98-~ Page 3 4. The applicant or development e..,;zitfr or successors and assigns shall not transfer ownership of, nor will Pitkin County issue a buildutg permit for construction of any improvements on Lot 11, Block A and Lot I5, Block G until a Trazufe:able Developtent Right Certificate for each of "`"' these lots is approved by the Director of Community Development. .,. 5. Priur to the recordation of the Final Plat: a. The applicant shall provide a title commitment and a Phase 1 Environmental ~' Audit for the property to be dedicated to Pitkin County for the County Attorney's w. review and approval "' b. The deed for the property to be dedicated to Pitkin County must be accepted by ,~, the BOCC by ordinance. "`" c. The County Attorney's Office shall review and approve the Final Plat documents, ,,., an "agreement to serve" with the Aspen Consolidated Sanitation District, the Subdivision Improvements Agreement, the PUD Development Guide, the Subdivision Covenants, and an Improvements Maintenance Agreement for „,,, form and content. The PUD Guide and Subdivision Improvements Agreement shall be recorded at the same time as the Final Plat. ,~ ..~. d. Street names for the AHV PUD shall be reviewed by the County's Addresser to avoid duplication with other street names in the County. .. .-. e. The applicant shall present a fatal plat and GIS disk meeting all requirements of the applicable Land Use Code for review and approval ot'the County Engineer, the County Attorney, and Commttniry ,... Development Department. d. ... NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE jj~,DAY OF , 1998. ,.. .,. INTRODUCED, rIRST READ AT A PUBLIC HEARING ON THE 22ND DAY OF APRIL, 1998. r~ „ APPROVED AiVD ADOPTED AFTER SECOND READING ON THE 5TH DAY OF r. MAY, 1998. ,., PUBLISHED AFTER ADOPTION IN THE AS N &c F. .Y ON THE j~DAY OF ~j~,1998. i ~ I 1 ~ I IIII "III I'~"I IIII" II'I Ifll'I'I"I III I'~" IIII I"~ 4232!! 30/1~/19Y0 03:1lP RESOLUTI DAMS SILVI '"" 3 of 9 R 41.00 D 0.00 N 0.00 PITKIN COUNTY CO t• r+ ~ ,~ ,. Resolutior, i'~` : _ Page 4 '~" BOARD OF COUNTY COMN2aS:iiONERS ,,,, OF P1Tj~IN COUNTY, C O """ Dorothea F ' , C airman ,,,, Date: D W r .. .~. .. .. ATTEST: Jeees, .t'yN,~ea Jti.4N Deputy County Clerk APPROVED AS TO FORM -~_%~ John Ely Attorney RECOMMENDED FOR ADOPTION A ~ Cindy Elouben Community Development Director .. .., ~. r .. ..~. ... r A r r PIS-98 G: planning/pitkin/cases/highlands/ahbvfp2.doc 1 IIIIiI ~~~~~ Illtll 11111f 1111 ~~~~ Iilllll ~~~ IINI 1111 ~~{~ 42200 10/16/1Q08 03:1Q RESOLIJTI DAMS SILYI 4 of 9 R 48.00 D 0.00 N 0.00 PITKIN COl1NTY CA rW ~, is7„ ~ ~.):;-904 ~w FAX ;970) 945-5948 ",., ~_ w °ir w r r r r r. ,.. ... r r r ei e+ a r. ~W. , ,.... ., SCItlWISFR - -- /1 <wn/ 118 West 6th, Sude 200 Glenwood Springs, CO 61601 11~'lll ~'~II ~~I~'I II~~~' II~' 1'II'I~1~'I ~~I I~I~I'III I"I 29 May 1998 •23260 10/10/IS60 03e16P ItESOLUTI DAMS SILVI Job No. 92184b34.102 S of 6 R 40.00 D 6.00 N 0.00 PITKIN COUNTY CO ASPEN HIGHLANDS VILLAGE P.U.D. PARCEL G A parcel of land situated in Sections 14 & 15, Township 10 South, Range 85 West of the 6`" Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at the S1l16 of said Section 14 from which the W1/4 of said Section 14 bears N 01 °40'43" E 1316.64 feet, with all bearings being relative to a bearing of N 89°39'34" W between the C1 /4 corner and the W1l4 of said Section 14; thence S 01°41'31" E 453.86 feet along the west line of said Section 14; thence N 80°52'09" E 452.17 feet; thence N 17°54'43" E 942.99 feet; thence N 17°31'08" E 206.40 feet; thence N O6°00'00" E 314.89 feet; thence N 90°00'00" E 239.32 feet; thence S 00°00'00" W 524.92 feet; thence N 90°00'00" E 73.15 feet; thence S 61 °49'54" E 51.12 feet; thence S 73°27'31" E 77.38 feet: thence N 76°54'50" E 142.61 feet;thence N 68°12'21"E 101.43 feet:thence N 62°24'32" E 69.68 feet; thence S 72°47'25" E 129.53 feet; thence S O6°56'42" W 104.11 feet; thence S 85°18'50" E 361.49 feet to the east line of the NEl/4, SW 1!4 of said Se coon 14; thence N 00°15'39" W 915.24 feet to the C1/4 of Section 14; thence N OO°15'39" W 1.88 feet along the east line of the SE1/4, NW1/4 of said Section 14; thence S 63°00'53" W 365.98 feet; thence N 02°16'39" W 156.07 feet; thence N 76°17'06" E 81.70 feet; tfience N 50°02'00" E 37.16 feet; thence N 56°31'00" E 57.09 feet thence S 80°36'00" E 44.90 feet;thence N 71°36'00" E 58.59 feet; thence N 81 °08'01" E 77.51 feet to the east line of the SE1/4, NW1 /4 of said Section 14; thence N 00°15'39" W 19.11 feet along the east line of the SE1/4, NW1/4 of said Section 14 to the southerly line of the Aspen Highlands Subdivision; thence 5 81°10'00" W 82.23 feet; thence S 71 °36'00" W 55.31 feet; thence N 80°36'00" W 47.81 feet; thence S 56°31'00" W 66.09 feet; thence S 50°02'00" W 30.00 feet; thence N 84°53'00" W 71.90 feet; thence 46.67 feet along the arc of anon-tangent curve to the left, having a radius of 60.00 feet, a central angle of 44°33'57", and subtending a chord bearing N 17°26'26" W 45.50 feet; thence N 20°30'00" E 40.34 feet; thence 134.51 feet along the arc of a curve to the left, having a radius of 522.51 feet, a central angle of 14°45'00", and subtending a chord bearing N 13°07'30" E 134.14 feet; thence N 05°45'00" E 12.70 feet; thence 155.33 feet along the arc of a curve to the right, having a radius of 378.77 feet, a central angle of 23°29'47", and subtending a chord bearing N 17°29'54" E 154.24 feet; thence N 60°45'16" W 60.00 feet; thence 179.93 feet along the arc of anon-tangent curve to the left, having a radius of 438.77 feet, a central angle of 23°29'24", and subtending a chord bearing S 17°29'51" W 178.67 feet; thence S 05°45'00" W 12.70 feet; thence 119.07 along the arc of a curve to the right, having a radius of 462.51 feet, a central angle of 14°45'00", and subtending a chord bearing S 13°07'30" W 118.74 feet; thence S 20°30'00" W 40.58 feet; thence 47.06 feet along the arc of anon-tangent curve to the left, having a radius of 60.00 feet, a central angle of 44°56'08", and subtending a chard bearing S 57°48'29" W 45.86 feet; thence N 63°00'06" W 64.17 feet; thence N 80°26"25" W 105.22 feet; thence S 36°46'06" E 91.55 feet; thence S 41°22'07" W 164.83 feet thence N 78°19'00" W 29.77 feet; thence SE:Ic192194b34.102 I of 2 ,y a~ rw Wr r oy r r. •. r o. w r w r r w ,.. r w r .~ .~. S 83°09'00" W 18.91 feu:; thence 5 56'25'00" W 93.12 feet; thence S 64'56'00" ~'W' 20.18 feet: thence N 33'20'00" W 26`x.95 feet; thence S 49°36'07" W 48.22 feet; ehence N 26°11'00" W 131.97 feet; thence N 46°08'00" W 307.44 feet; thence N 38°46'00" W 192.60 feet thence N 47°35'00" W 133.74 feet;thence S 29°53'59" W 74.09 feet;thence S 73°02'31" W 87.19 feet: thence S 84°11'00" W 84.66 feet; thence N 49°01'01" W 57.10 feet; thence N 22°32'01" W 54.76 feet thence N 08°14'40" W 56.60 feet; thence S 05°57'55" W 132.06 feet; thence S 15°22'00" W 1021.21 feet; thence S 47°44'00" W 48.47 feet; thence N 55°12'00" W 315.12 feet to the easterly line of the Maroon Creek Road right-af- way; thence S 29°19'00" W 171.93 feet along said Maroon Creek Road right-of-way; thence continuing along said right-of-way 161.60 feet along the arc of a curve to the right, having a radius of 333.25 feet, a central angle of 27°47'02", and suhtending a chord bearing S 43°12'31" W 160.02 feet; thence S 57°06'00" W 597.79 feet; thence 186.10 feet along the arc of a curve to [he left, having a radius of 266.56 feet, a central angle of 40°00'01", and subtending a chord bearing S 37°05'59" W 182.34 feet; thence S 17°06'00" W 235.25 feet; thence 95.16 feet along the arc of a curve to the left, having a radius of 614.92 feet, a central angle of 08°51'59" and a suhtending a chord hearing S 12°40'00" W 95.06 feet: thence S OB°14'00" W 21 1.16 feet; thence 105.10 along the arc of a curve to the right, having a radius of 587.33 feet, a central angle of 10°15'10", and suhtending a chord hearing S 13°21'33" w 104.96 feet; thence S 18°29'00" W 301.73 feet; thence 361.04 feet along the arc of a curve to the right, having a radius of 317.03 feet, a central angle of 65°14'58", and subtending a chord hearing S 51 °06'29" W 341.84 feet; thence S 83°44'00" W 112.84 feet; thence 107.21 feat along the azc of a curve to the right, having a radius of 414.11 feet, a central angle of 14°50'00", and subtending a chord beazing N 88°51'00" W 106.91 feet: thence N 81 °26'00" W 100.98 feet more or less to the carnerline of Maroon Creek; thence S 20°59'18" W 34.61 feat along the centerline of said Maroon Creek to the north line of the SE1l4, SE1/4 of Section 15, Township 10 South, Range 85 West; thence along the north line of said SE1/4, SE1/4 of Section 15 S 89°52'28" E 639.87 feet more or less to the point of heginning, said parcel contains 69.579 acre s more or less. l 111111 filll lillll Illlli 1111IIII1111111111IIIII tlll lltl 6 of 9 R 46.00 D 0.0E N 5,00 PITKSN COUNfY CO SE:Ic\921 e4b34.102 2of2 SCHMUESER GGRDON MEYEA. ~.~, ~ -__ ' (970)945~1Gt~a «~ FAX (970; ~r;'~-5:. -.. ~,~:-- C ~- -S c , , ~_ ~ . °onn°wrcrrn ~~ 118 West 6tft, Suite 200 Glenwood Springs, CO 61601 ~~~~~ October 12,1998 mw Job No. 92184B34 .~. °" Aspen Highlands Village P.U.D. ~, Parcell "' .A parcel of land situated in the SW l/4, NW 1/4 of Section l4, Township 10 South, Range 85 ~ West of the 6'" Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: W ~,,, Beginning at a point on the westerly right-of way line of Maroon Creek Road whence the W 1/4 of said Section 14 bears S 78°25'OI" W 265.45 feet, with all beazings being relative to a beazing `r' of N 89°39'34" W between the C 1/4 wrner and the W i/4 of said Section 14; thence ,,,,,, V 75°25'00" W 222.09 feet moreor-less to the centerline of Maroon Creek; thence V 54°43'33"E 151.42 feet more-or-less along the centerline of Mazoon Creek; thence `r N 34°56' l3 "E 84.77 feet more-or-less along the centerline of Maroon Creek; thence leaving the said centerline of Maroon Cteek S 18°30'00"E 208.50 feet more-or-less to the westerly right-0f - way line of the Maroon Creek Road; thence S 57°06'00" W 270.86 feet along said right-of--way r line of Mazoon Creek Road to the point of beginning, said parcel contains 0.512 fi acres more- .. or-less. W /1. M lYr wr YO. r W r ~ i I~'lll'lll~ 1~If~l IIII" IIII (III'I'll'I III "I~I {'ll I"I ~ 423200 10/19/1001 03r11P RESOLUTI DAMS SILVI 7 of 9 R X0.00 D 0.00 N 0.00 PITKIN COUNTY CO i I~-- _. m/ Z . : iR'NSSR! f r1~ .yap.,: Y°R! V . ~,~__ ., - ~~;~-rase 118 Ui'esl ~:a; .. :.: 2C~.: Glenw.wd Spry x;. ~'~ 'loci (f.70) 945-1004 ~~„ FAX (970) 945.5948 October 12,1958 ,„N. ur RIA R. • w r. e. r e. a. rr ... .. r ,~ .. Rr r rr .. r Aspen Highlands Village P.U.D. Parcel 2 A parcel of land situated in the NEi/4, SE1/4 of Section 15, Township 10 South: Range 85 West of the 6'" Principal Meridian, Pitkin County, Colorado, said parcel being more particulazly described as follows: Beginning at a point on the westerly right-of -way line of Maroon Creek Road whence the W 1 /4 of said Section 14 bears N 04°30'10" E 840.94 feet with all bearings being relative to a bearing ofN 89°39'34" W between the Cl/4 comer and the WI/4 of said Section 14; thence along said Maroon Creek Road right-of--way S 18°29'00" W 14.24 feet; thence leaving said right-af--way N75°25'00" W 130.98 more or less the centerline of Maroon Creek; thence N 06°14'13" W 15.20 15.20 feet more or less along the centerline ofMaroon Creek; thence leaving the said centerline of Maroon Creek S 75°25'00" E 137.35 feet more or less to the point of beginning, said parcel contains 0.044 acres more or less. I I"III'~III'll~'I III" II'I I'll'I'I"I III "I'I I'll I"I SH:erwmvoon creek parcel z 4232!0 10/19/3Y00 03 ~ 30P RESOLUTI DIMS SILVI a of 9 R 46.00 D 0.00 N 0.00 PITKIN COt1NTY CO N. ,~ .... .- .. .. .- ~.. ~. .. .. ,., ,. r r ,.. (970)945-1004 FAX (970) 945-5948 ..-_~~~ 5 ""te"n"' GM stn west 61n, suite zoo ooA'C1'oa""'E~."rv "'arc: ood Springs, CO 81601 October 12, 1998 Job No.92184B34 Aspen Highlands P.U.D. Parcel A A parcel of land situated in the NW I/4 of Section 14, Township 10 South, Range 85 West of the 61° Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at the W 1/ 16 of said Section 14, with all bearings being relative to a bearing of N89°39'34" W between the Cl/4 comer and the W 1/4 of Section l4; thence S 89°48'01" E along the north line of the NE1/4, NW 1/4 of said Section 14, 267.36 feet more-or-less to the centerline of Maroon Creek; thence S 07°47'29" E 77.85 feet more-or-less along the centerline of Mazoon Creek; thence 5 17°38'54" W 348.53 feet more-or-less along the centerline of Maroon Creek; thence S 00°57'53" E 70.39 feet more-or-less along the centerline of Mazoon Creek; thence S33°16'44"E 77.91 feet more-or-less along the centerline ofMazoon Creek; thenceleaving said Mazoon Creek N 90°00'00" E 169.77 feet more oi•less;thence S 42°35'00" E 287.68 feet to the westerly right-of way line of Maroon Creek Road; thence S 39°36'59" W t 087.07 feet along said right-of--way of Maroon Creek Road; thence 154.98 feet along the arc of curve to the left, having a radius of 862.13 feet, a central angle of 10°18'00", and subtending a chord bearing S 34°28'00" W 154.77 feet; thence S 29°19'00" W 520.76 feet; thence 132.50 feet along the azc of curve to the right, having a radius of 273.25 feet, a central angle of 27°47'01", and subtending a cord bearing S 43°1.^.'30" W 131.21 feet; thence S 57°06'00" W 85.65 feet; thence leaving said Maroon Creek Road right-0f--way N 33°06'00" W 76.78 feet; thence 56°54'00" W 44.47 feet; thence N 63°30'00" W 183.05 more-or--less to the center line of ~~ ;Maroon Creek; thence N 70 28' 12 E 290.78 feet more-or-less along the centerline of Mazoon Creek; thence N 49° 19'21 " E 54.46 feet more-or-less along the centerline of Maroon Creek; thence N 32°53'05" E 310.96 feet moreor-less along the centerline of Maroon Creek; thence N 27°40' 12" E 194.64 feet mor-or-less along the centerline of Maroon Creek; thence N 37°47'52" E 308.87 feet more-or-less along the centerline of Maroon Creek; thence N 22°51'01" E 64.59 feet more-or-less along the centerline of Mazoon creek, to the south line of NW I/4, NWl/4 of Section 14; thence leaving said centerline of Maroon Creed S 89°26'20" E along the south line of said NW 1/4, NW 1/4 of said Section 14, 82.63 feet more-or-less to the NW 1/16 of said Section of 14; thence N 00°30'19" W 1328.11 feet along the west line of the NE1/4, NW 1/4 to the point ofbeginning, said pazeel contains 13.204 acres more-or-less. 1111111 IIIII 111111111111 IIII IIII 1111111 III IIIII lill IIII 4230 10/19/1980 03:10P RlSOLUTI DIiVIS SILVI 9 of 8 R 10,00 D 0.00 N 0.00 PITKIN CD{RRY CO ... - *.. LJi,~V i > 1-~U~ rl ~, ~ ~ ~, ATTACHMENT 6 SUBDIVISION IMPROVEMENTS AGREEMENT '"' FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. ""' THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made and entered into this /S-'* day of Q~D~yl. 1998, by and between HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited ,~ partnership (hereinafter referred to as "Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the .. governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "County"). 0 ~ W I T N_E S S E T H "' A. 'The Owner has received final approval for a Site ~ Specific Development Plan from the BOCC for a subdivision known as The Aspen Highlands Village P.U.D., a Planned Community, as set forth in the Detailed Submission Consolidated Documents, consisting of: .. .. • Thirty-one (31) detached free-market dwelling units; • Thirty-two (32) townhouse free-market residential dwelling w. units; .. • Seventy-three (73) tourist accommodation units; • Thirty-eight (38) dorm units; .. • Twenty-two (22) Category 4 affordable housing sale units (4 bedroom); ""' • One (1) Category 4 affordable housing sale unit (3 bedroom) • Twenty-eight (28) Category 3 affordable housing sale units (3 bedroom); .. • Eight (8) Category 1 affordable housing sale units (1 bedroom); • Eight (6) Category 2 affordable housing sale units (1 bedroom); • Two (2) Category 3 affordable housing rental units (1 ,,, bedroom) • Five (5) Category 3 affordable housing rental units (2 ~- bedroom) """ • Ten (10) Caretaker Dwelling units; • Twenty-one thousand six hundred (21,600) square feet of ... retail space (Net Leaseable Area "NLA"); • Fourteen thousand one hundred twenty five (14,125) NLA ** restaurant space; r. • Twelve thousand (12,000) square feet of accessory skier services (NLA); ,,. • Four thousand eight hundred (4,800) square feet of condominium rooms and meeting rooms (NLA); "' • Two thousand two hundred (2,200) square feet of ski area storage (NLA); "~ • Four hundred fift y (450) parking spaces for the Aspen rn Highlands Ski Area; and, • No less than two hundred thirty {230) off-street parking ~"' spaces r ~~~''' ~w~i ~~~ ~1~II IIII IIII 1111111 illi1111111IIIlII 423271 10/16/Y$~~~ `.:5 ~,IWI r, 1 of 30 R 0.00 0 ~. "*Uw7Y CO ~~ .,,.. '" (hereinafter collectively the "Project") on that certain real .,.. property (the "Property") located in Pitkin County, Colorado, more particularly described on the Final Plat of The Aspen Highlands ~, Village P.U.D. (herein "Subdivision Plat") which plat is filed of W. record in Plat Book 4 ~ at Page ~ in the real property records of Pitkin County, Colorado. (Since detailed submission, a small ~, modification has been made to the affordable housing unit mix. This change was approved by the BOCC at final plat. The current "' plan shows one hundred twelve (112) affordable housing units, housing 267.75 people. This compares to the previous approvals ~ which contained one hundred eleven (111) affordable housing units, s housing 267.25 people.) B. The County has fully considered and approved the w Detailed Submission, as evidenced by Pitkin County Resolution No. l-I(~-(, "Granting Detailed Submission, Planned Unit Development, .. Subdivision, and 1041 Environmental Hazard Review Approval, Condominiumization Approval, Transferrable Density Rights Receiver Site Approval, and Special Review Approval for the Aspen Highlands Village PUD Project" (herein the "Resolution" or "Detailed Submission Approval"), recorded in the real property records of Pitkin County, Colorado, at Reception No. 2!02 and as evidenced by Pitkin County Ordinance Nos. 9 7-3f recorded ~' in the real property records of Pitkin County, Colorado, at ,,, Reception Nos. S///D O.? '~d- ~_® '- C. The County has fully considered the Final Plat of The ,~, Aspen Highlands Village P.U.D. as evidenced by Pitkin County Resolution No. 98 ~, granting Final Plat Approval, recorded at ,.. Reception No. '~Z Z(o9, . D. Subsequent to obtaining approval of the Detailed ,,,,, Submission and amendments, the name of the project had been referred to as "The Aspen Highlands Base Village P.U.D.". All °- references to The Aspen Highlands Base Village P.U.D. or the a "Project" shall mean and refer to "Aspen Highlands Village". ... E. This Agreement evidences the Owner's agreement to the conditions contained in the Resolutions as required by the *° subdivision regulations contained in the Pitkin County Land Use ,~, Code . *~ F. In granting said approval, the County has: (i) fully r considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to ,,,,, neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") in effect for this ~' Project, and such other laws, rules, and regulations as may be ~ applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions and r requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. ,. _, _ ~ ~~~~~~ ~~~~~ ~~~~~~ IIh~I !("~ ~ C~~1~~! ~~~ IIIII ~~~~ ~~~~ +. 423271 10/13/1998 !~` It;r:" :+!t3 tir-r'~t DRVIS SILVI 7 .t 7A D Q a", n a _ .. ..r rvv~, nn, u,w .... ~, ,~~, .. ~ .. G. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hereinafter "' agreed to will be faithfully performed by the Owner, its ,,. successors and assigns. The Owner is willing to enter into this Agreement, and provide such assurances to the County. ~,. ~, ~.. NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the BOCC as follows: r ~ 1. Water System. Owner agrees to install, or guarantees installation of a central water system connected to the City of "~ Aspen water system to provide water service to Aspen Highlands Village, including water service to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and .. specifications provided to Owner by the City of Aspen. °' 2. Roads. The Owner agrees to install or guarantees installation of the private or public roads in accordance with plans submitted and approved by the County in the Aspen Highlands ~- Village P.U.D. Detailed Submission. Roads shall be constructed in conformance with all requirements set forth in the Detailed Submission Approval. ., 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service M, to Aspen Highlands Village, including electric service to the lot line of each lot within the Subdivision. Power lines, •- transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross Electric Association. .. 4. Telephone Service. Owner agrees to install or *- guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to Aspen Highlands Village, including telephone service to the lot „~ line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the °- requirements and specifications of U.S. West Communications. "" 5. Natural Gas. Owner agrees to install or guarantees .. installation of natural gas lines to provide gas service to Aspen Highlands Village, including gas service to the lot line of each "" lot within the Subdivision. Natural gas lines shall conform to ,,,,, the requirements and specifications provided to Owner by KN Energy. M, 6. Waste Water Disposal. Owner agrees to install or ... guarantees installation of waste water collection systems and .. lines to provide sewage disposal service to Aspen Highlands r -3- "~ -- -- ~ I I~~lil ^~III ^~I~~I 1111~~ III III I~~I~~I III ~~I~~ IIII I~~I 42371 101/1!S/1QQR 013 •'S3P GIIR TMPD nOVTe en v r ,~-., ~.. ~ ;, Village, including sewage d._.<aosal service to the lot line of eactl l t i o w thin the Subdivision. N'a:ste water collection systems and li nes shall conform to the requirements and specifications ~ . provided to Owner by the Aspen Consolidated Sanitation District ~~ . ~"" 7. Undersroundins of Utilities. Owner shall underground all new utilities in the Project with the exception of required ~.~ surface mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure reducing stations fire , hydrants, meters, and similar appurtenances requiring above-grade install ti ~, a on. Irrigation, snowmaking, and domestic water pump stations will be either sheltered or placed underground. w " 8. RFTA Payments. Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing ,., Castle/Maroon Roaring Fork Transit Agency (RFTA) route that will trigger a requirement for the Owner to make a payment to RFTA for the purchase and operation of one (1) additional bus on the route . (See Exhibits "A" and "D") ., 9. Public Trails. Owner agrees to construct or provide security for the construction of the public trails as included in "' Exhibit "A" (the "Project Public Improvements") attached hereto ., and made a part hereof, in conformance with Detailed Submission Approvals. Two public trails are to be constructed, one next to •- Maroon Creek Aoad. The cost for this trail is included in Exhibit "A" and Exhibit "E" (the "Maroon Creek Corridor Improvements ` Estimate"). The second public trail is shown on the plat as part ,„, of Thunderbowl Lane. It links the Highlands Village to the Moore PUD along Powderbowl Trail. Exhibit "A" includes the construction .. of this trail. "" 10. Traffic and Transit Parkins Plan. The Owner shall ... implement a comprehensive traffic/transit/parking monitoring system plan, which shall include measures to ensure increased ~^ mitigation actions if monitoring shows that the mitigation plan is ,~„ not adequate. The Owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for .,„„ three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for County and RFTA review. '"" If traffic impacts exceed traffic projections, additional m. mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: .. (a) If the trips generated by AHV exceed the '° projections contained in the "Revised Maroon Creek Corridor .~ Detailed Transportation Plan", dated February, 1997, so as to require mitigation for those additional impacts, the additional ~+ mitigation required by owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community 'r Development Department and an a RFTA and/or Pitkin County EngineerinPrDetartmentral agency (e.g. "' g P ) r -4- ~ I I"III I'III "I"I IIII" II'I I'II I"I'II III I'III'I~I I"I "' 423271 10/16/1998 03:63P SU9 iMPH nnvre cr. .,. ~,,, wr (b) If the trips generated are lower than the projections contained in the "Revised Maroon Creek Corridor ""' Detailed Transportation Plan", dated February, 1997, the Owner ,,,,,,, shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a ~~~ finding by the BOCC that the reduction is appropriate; provided, however that owner shall not be entitled to a refund for any w. portion of its infrastructure donation described in Paragraph 17 below. ""' 11. Construction Phasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in '~ this Agreement shall be substantially constructed or installed in ~r accordance with the phasing plan set forth in Exhibit ^B" attached hereto and made a part hereof (the ^Aspen Highlands Village Phasing Plan"). Variations in the phasing schedule shall be permissible in order to provide on-site flexibility in completion of the Project Public Improvements. 12. Construction Management Plan. The construction .. management plan will be as set forth in Exhibit "C" attached ,. hereto and made a part hereof (the "Aspen Highlands Village Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan, the staging of construction equipment and materials, and public notification "' plans for road closures or any other public inconveniences during ., construction. 13. Dial-A-Ride. Owner agrees to implement a ~,,, "Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan" as set forth in the detailed plan attached hereto as ,., Exhibit "D", the costs of which are set forth in Exhibit "A". 14. Landscanina. Owner agrees to install or provide ,,, security to ensure the installation of landscaping as depicted in the Aspen Highlands Village P.U.D. Detailed Submission, and ~" specified in the Project Public Improvements. The Owner shall implement and be responsible for the performance of all landscaping associated with Phases 1 through 4, which shall be .. secured by a bond enforceable by the County in an amount equal to one hundred percent (100%) of the estimated cost of completion. ~, All plant materials used in the landscaping shall be guaranteed ~ for two (2) growing seasons after the initial installation. Owner shall revegetate all disturbed areas with a mixture of indigenous .., grasses and wildflowers. The use of invasive grasses shall be prohibited. Owner shall also implement a weed control plan, "" especially in the wildflower meadows, the first level of which shall be non-chemical; provided, however, that chemicals may be '~ used if non-chemical weed control fails. 15. As-Built Su9-vaY. The location of various elements of "" the Project as sho'•na on. the PUD Plan, Final Plat or ci?-i:1 c:rawings r -5- r (IIII& ~~`~~ ' ~ ; ~; ~~ ` `_~ ~~IIII III IIIII IIII IIII 673979 ~:W~ ~. ?,'t ~~'- : se<< 1MOO nevn an v* ,,~, ...~ .., submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions °'~ relative to construction may require minor deviations or ,,,, variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, ... Owner may cause the precise location of such improvements to be surveyed. Based on such survey, the County Planning Director may "' at the request of Owner approve insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations "~ in the as-built surveyed location of any such improvements. ... 16. Financial Assurances. The Owner shall be responsible for "' .the construction of the improvements as set forth in the Project ., Public Improvements and full compliance of the conditions and covenants of this Agreement and the Detailed Submission Approvals, including site restoration in the event the work undertaken pursuant to the earthmoving permit is not substantially completed. .. Owner shall secure the financial assurances required in this ,,., Paragraph by obtaining a surety bond in a form approved by the County Attorney. The Project Public Improvements shall include "' those items set forth on Exhibit "A". If a metropolitan district is formed, the assessments shall be based on assessed valuation. "" Installation of landscaping will not be funded by the special .. metropolitan district. "' (a) No Security for any Project Public Improvements ., shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. -- Upon the issuance of the first excavation, demolition or grading permits for any of the Project, Owner shall, as to the Project ` Public Improvements, provide security adequate to assure the ,,, substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the -- first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. .~ ,,,,. (b) As the improvements required by this Agreement are substantially completed, the County Engineer or County Director of ^^ Public Works shall inspect the work within thirty (30) days of ~„ written request made to the Public Works Department and the Pitkin County Attorney's Office, and on reasonable acceptance of the ,,. improvements by the County Engineer or County Director of Public works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch '~ list" type work for which the County may require continuing .. security. (c) Partial Releases of the security may be requested ~. by Owner utilizing the same procedure set forth above and subject .. r -6- 9 ~~~~~,~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~~ ~~~~f ~~~~ r r 't9/1'3/1998 03:53P SUB INPR 6RVI5 ,...+: rf 'i1 R 0.00 ~ 0.0N N A as PTTY7u rrn,.. ... ~1 ~+' i° y to establishing satisfactory partial completion of the "' improvements, such partial releases shall be granted. (d) Failure to respond within forty-five (45) days of ~' any request for partial or final release shall constitute acceptance of the improvements by the Pitkin County Engineer or "' Pitkin County Director of Public Works and release or partial ,,, release of the security shall be granted. (e) Owner may cause a Special Metropolitan District to r be formed for purposes of financing and maintenance of all or part of the construction of the Project Public Improvements. If such ,. district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the "' construction of the Project Public Improvements, Owner shall be entitled to a release from the County of an equivalent amount of "° Security provided the County Attorney is satisfied with the ,. County's ability to have the Project Public Improvements completed in the event of Owner's default. If the County Attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The ,.. County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. .. 17. Maroon Creek Road/Hiahwav 62 Intersection. Upon ., recordation of the Final Plat, the Owner shall escrow Six Hundred ~ Fifty Thousand Dollars ($650,000.00) which must be used for infrastructure improvements along the Maroon Creek/Castle "' Creek/Highway 82 intersection and Maroon Creek Road. The cost ., projections for these improvements are set forth on Exhibit "E". Owner will make the improvements described on Exhibit "E", and the -~ County may use the remaining funds for other improvements within the Maroon Creek corridor, inclusive of the Maroon Creek/Castle r Creek/State Highway 82 intersection. The Owner shall not be ~, responsible for any additional cost of these proposed improvements above the Six Hundred Fifty Thousand Dollars ($650,00.00) provided '~ herein. In addition, the Owner shall contribute Three Hundred Fifty Thousand Dollars ($350,000.00) for long-range improvements "" to the Castle/Maroon intersection as part of the Entrance to Aspen ®, FEIS. +~ 18. Improvement Maintenance Agreement. In accordance with ,,,,, Section 6-4.5(b) of the Code, Owner shall, prior to the conveyance, sale or transfer of any single family lots within the .- Project (excepting transfers by Owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by the Aspen Highlands Village P.U.D. homeowners' association or other Special Metropolitan District in perpetuity of all Project common improvements not accepted for dedication by +~ the County or the utility providers. r -7- r+ 423271 10/16I:5?-~ 1. , ;a ;-~ ORVIS SILVI ~ _s ~a o a %ia ~ u .%-n ,. .. .,.. , ~..~ ........~.. .... .~. 19. Certificates of OCCUDanCV. Once a bond has been posted ' with the County to cover the cost of the Affordable Housing Units in Blocks H, F, and G, and Affordable Housing Units in Block D, Building 3, all Free-Market Units in the Single Family and ~~ Townhomes shall be entitled to Certificates of Occupancy, subject to satisfaction of all other requirements necessary to obtain a ^^ Certificate of Occupancy. In the event Certificates of Occupancy ,,,, have not been issued for the Affordable Housing Units in Blocks B, F, and G, and Block D, Building 3, by December 1, 2001, the County .. may pursue the remedies provided for in Paragraph 25 hereof. Buildings 2, 4, 5, and 8, Block D, contain mixed land uses, ""' including Affordable Housing Units. Certificates of Occupancy shall not be issued for free market spaces in these buildings until Certificates of Occupancy have been issued for the .. Affordable.Housing Units in the corresponding building. Nothing in this Paragraph shall prevent Owner from obtaining demolition, '~ grading, excavation, foundation, building permits, or any other ,~ permits for the Project. .. 20. Execution of Final Plat. The Owner's obligations to construct the improvements hereunder are expressly contingent on 'r the Owners' recordation of the Final Plat in the real property records of Pitkin County, Colorado, and on the BOCC's approval of the Final Plat. 21. Vested Riohts. The BOCC has considered the needs of .. both the County and Owner, and has determined pursuant to C.R.S. v- X24-68-101 et.sea. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by "" the County or Planning Director, constitute an extension of the ,~, vested property rights appurtenant to the Property for five (5) years. Upon completion of Phase 1, as defined in Exhibit "B", the ., Development Approvals shall be deemed vested in perpetuity. "' 22. Covenants Aunninv With Land. All covenants, ,,, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land " and shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. r 23. Bulk Sale. In the event Owner does not develop the "" Subdivision, Owner may sell all or a portion of the Subdivision in ,,,,. bulk to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements .~ contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and ,~ obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. .., -A- ~ ~~~~~~ ~~' ~ x.~~ IIl~N~ ~~I~ ~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ r 4';; .: ~: .. s+ ~'.a~,83P SUB IMPR DgVIS SILVI B n^ ? ~' l~ ",. ~0 N 0.00 PITKiN COl1NTY en ~+r .i 24. Assicnment of Interest and Oblioations. Owner may """ assign its interest in the Property to a third party, who shall ,_ develop the Property or portions thereof, including the construction of the Project Public Improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations "" hereunder to any one or more special districts or homeowners ,,,, associations to be formed for purposes of performing such obligations. ., 25. Remedies of County. In the event Owner shall fail to construct the Project Public Improvements for which it is responsible under this Agreement in accordance with plans and/or + specifications appearing in the drawings approved by the County, and within• the schedule set for the completion of said Project 4. Public Improvements, the County shall provide Owner with a notice of non-compliance ("Notice of Non-Compliance") together with the + right for a period of ninety (90) days after the receipt by Owner of such notice for Owner to cure such non-compliance or schedule a hearing with the BOCC. Provided, however, the Owner may ~, reasonably modify the schedule for construction of any Project Public Improvements by providing written notice to the County. ,. The Notice of Non-Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. '"' If Owner, by written notice to the County given prior to the .. expiration of the time to cure set forth in the Notice of Non- compliance, disputes whether or not a default exists, then as soon .. as practical within said ninety (90) day period, the BOCC shall conduct a hearing (the "Non-Compliance Hearing^) to determine ""^ whether or not a default exists. At such hearing, Owner may ,,,,,, present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner ,.. shall have ninety (90) days from the date of the hearing within which to correct the deficiencies, weather permitting. If at the "" expiration of said ninety (90) day time period, Owner is proceeding with due diligence to correct the deficiencies, weather permitting, then said time period shall be extended for so long as .- owner shall continue to proceed with due diligence to correct such deficiencies. ,,,, (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non-Compliance within the -- time provided or in the event a Non-Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days .. from the date of the hearing or any extension thereof shall pass ,,, without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. ,,,~ (b) No default hereunder by Owner shall result in any revocation or termination of the Project approvals as described in ~' the Resolutions. Once the financial assurances required by this Agreement have been released, the County specifically waives any .~, 111111 IIIII1111111111t~''"° `~"" ~tl!III111 illll IIII IIII r 423271 10/15/13?"3 a ~;•p~ OgyIS SILVI 9of 30RRAOfn __.._.._ ~, ~..~. right it may have to object to the Project Public Improvements or to require the Owner to perform additional work, notwithstanding „~ guarantees and warranties. (c) In the event the County draws on the security, to °" correct deficiencies, it shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to "` correct the deficiencies or properly complete the Project. The ,~ County shall be obligated to make a good faith effort to complete the project, provided that the County may decide to only secure r. public health, safety, and welfare. In such event, the County may only draw on the bond in an amount necessary to complete said work ""' in as economical and efficient a manner as possible. r (d) Nothing contained in this Agreement shall limit other remedies available to Pitkin County under Colorado law. +e 26. Entire Agreement. This Agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not "~ be modified except by a written agreement duly executed by all parties. Y w 27. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the expiration "" of three (3) days after it is deposited in the United States Mail, ,~, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. ~. Notices may be hand delivered, and shall be deemed effective on delivery. o If to Pitkin County: If to Owner: Board of County Commissioners c/o Bob Daniel .. c/o Pitkin County Manager Hines Highlands Limited Pitkin County Courthouse Partnership ~' 506 East Main Street 426 E. Main St. ~ Aspen, CO 81611 Aspen, CO 81611 ,,, with a Copv to: With a Copv to: John M. Ely Gideon Kaufman, Esq. Pitkin County Attorney Kaufman & Peterson 530 East Main Street 315 E. Hyman. #3'05 "~ Aspen, CO 81611 Aspen, CO 81611 r The parties to this Ag reement shall have the right from time to time to change their respective addresses, and each shall have „~ the right to specify as its address any other address within the United States by at least t en (10) days written notice to the r other party as provided in this paragraph. ~` 28. Captions. Titles or captions of paragraphs contained in ,,,,, this Agreement are ins~~r_tcd only as a matter of convenience az-,r.? -10 I ~~l~~ ~~~ I"III "I L r., "I'II I'I I"I ' ~~ i f 423271 10/1' '':1.i8 ~.; v I ! ;? .:#u~R DRVIS SILVI ,. .~. .~ for reference, and in no way define, limit, extend, or describe "` the scope of this Agreement or the intent of any portions hereof. 29. Conflict. This Agreement is intended to amplify and ^~ carry out certain of the provisions of the Resolutions. In the event of any conflict between the provisions of this Agreement and "' the Resolutions, the provisions of this Agreement shall, to the „~ fullest extent permitted by law, govern and control. ~. 30. Force Maieure/Delay Davs Extension. In the event that y. Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any ,., Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, "' failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance hereunder shall be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimed for the calendar year or other period. •- 31. Releases. From time to time, Owner shall have the right r to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations .,~ have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no '~ longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of '° this entire Agreement. r 32. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, ,,, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the ,~ intentions of this Agreement and the transactions contemplated hereby. 33. Construction. No provision of this Agreement shall be d construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. ... ... 34. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this '" Agreement, the court in such action shall award a reasonable sum ~, as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issues, was the +~ prevailing party in the action. .. -11 l E~llII Iilll 111111111111 IIII -!I! ~~ ~~ ~ a` ~, , r ~2a271 10/1S/1998 03:63P C!.It~ i.°.r? !i-"'- c v...VI 1 ~ _e ~s s ~ .... .. - __ .. _ _ . ~, u 35. Clerical Errors. In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, ,~. acknowledge, initial and/or deliver, as necessary, any documentation in order to correct the erroneous document, '""' description, exhibit, or to provide any missing exhibit. ,~ 36. EstoD~el Certificate. From time to time, Owner shall ""' have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to '°'" Owner or another party designated by Owner such as a construction w lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Notice of Non- Compliance has been given to the County; (ii) this Agreement is r in full force and effect; and, (iii) the County has no knowledge of any default under this Agreement on the part of Owner, nor does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to ~' such default. In addition, the certificate shall provide such, other information as owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The ~ issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. HOARD OF COUNTY COMMISSIONERS `~ OF PIT COUNTY, COLORADO .. gyp •- orothea Farris, airperson '" ATTEST: ~e ~~ APPROVED AS TO FORM: ... B Hy s-~ John M. Ely, ttorney OWNER: ~. HINES HIGHLANDS LIMITED '" PARTNERSHIP, a Delaware ,,,, limited partnership, by ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, its w Py 1 Pa ner ... '~ U"'~ P~S'~+ `~~~~1 !0/16/1998 03:63P SUB IMPR DRVIS Sll.t~" >f 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY ~ //^^~, .. ~ ~/ STATE OF COLORADO ) ,«, ) s s . COUNTY OF PITKIN ) ~T The~f~oregoing instrument was acknowledged before me this I~ day of C)C~t7l~/ 1998, by Dorothea Farris, as Chairperson of w~ the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. ~''~,~~~~.4itti~~j,3•. my hand and offic' al seal. ,,,,, 0.7\-l~ ~c5a~i~sion expires: 21 02 ~ d s _ Q0.: ~~. ~~ " `;~•~ . ~'_a Notary Public ~~~y3A '~,•,'' "~ STATE OF ~~ ) n ) ss. • COUNTY OF P,~- i ) ., The foregoing instrument was acknowledged before me this )3 day of Or~DIoP,~ 1998, by C\aU~-onT S'bn-2 as ~~'c.e •Pres~'~f ~, of ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, as a General Partner of NINES HIGHLANDS LIMITED PARTNERSHIP, a ^+ Delaware limited partnership. "' witness~„er~~'H,d and official seal. ,~ My co~~~lA~ri`~,y~cpires - ~ y -o-'~o- '~ sNr pUBLG ~'` Notar P lic ~ l9 MY COMMIelION EXPIACB' December 4, 1999 r r n+ r. w ~ I I'~III "III "I"I IIII" II'I I'II I"I"I II I "III' I'I II'I 423271 10/1S/199B 03:63P SUB INPR DRVIS SILVI "e1 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO .. '"' C:\clients\HINES\subdivision imp agr-clean r -13- r .~ LIST OF E%HIBITS «. Exhibit A - Project Public Improvements ,,, ,,. Exhibit B - Aspen Highlands Village Phasing Plan Exhibit C - Aspen Highlands Village Construction Management Plan Exhibit D - Revised Aspen Highlands Village Castle Maroon and ~ Dial-a-Ride Service Plan ^' Exhibit E - Maroon Creek Corridor Improvements Estimate r ., r s r s r+ r .+~ r w r ~« r A r .+ n.T I IIIIII IIIII IIIIII IIIIII IIII IIII I"I"I III IIIIII III IIII ,~ 423271 10/15/1998 03:53P SUB IMPR DRVIS SILVI 14 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ... ,~ -14- r °. Nt '~ ~w ti .+ w r .. rY r .. ~..< ;_ ~'W ~ r n r .... r w M N r r r ~M E, IS iStl~ i K,ME F1 3 XXw9'!S e .1{e di i5 o lSryTiS E ti CiS ~ ~- T: .G ~ $ . .h ~A ~ m ideas^i n Rss~ G rReB _ i ~zaa~ecia°ra9 ~ ki d ~ .. ~ , ~ " " o~ a a ~ 6 • N Y N ....... .... .... ............. .. ~ ~ a ~ g & ° S~ E t n ~ ~ S a ~ ..... ..,, ., ............. ~~ E - ~ a -~ ~a $$ - s $ ~ 7 y y ~ T. ~ NR ~ ~ n n 5~ps ppyypp pp 44 QQpQ 44 pp qqQQ QQ pp ppQpp44 ~~E.tl E6~ F~SB dS,M'Rn_25 ~Se3EeSry~b 6 iS66 ~ 8 " . idsasi s ~~m„ Res ~^^°s~a~s~~«a: p ° "s ~x a °^ ~~~~~~~ '. 8$8 8 ~~~~ e ~6~~e~r~~~~~~ ~~ ~ ~ ~ ~ e ~ ~ $ 9u ~ maSt"9 ~ n~R'r ~ rRea 3 g.'. ^o 8~^o C3«`ra: ° . C~ =~ ^ ° O 8 Y o e E % ~ a .'. e - -. .3 ~ _ ° o ~ _ = ~ --eo a ~~. °~. a r ~- w e ~ ~ g(F • ~ ° a€€ ;~ s ~~~ Eqi E~ 8 ~ ..(3~tU~ aAY[ax8see ~ F g~~ i C~ ~ 5 le N Y ~ N ~ N ~ ~ W ; ~ S U ~ ~ ~ b m < N ~ V (J ~ ~~ ~ : S LL u ~ ~' Q • •' I_ IIIIII Illil ~~~,'~,~~ ~~~I IIII 1111111 III IIIIII III IIII 4232y1 "'~' SUB IMPR DRVIS SILVI 16 ~f ~ .- -! ~.~0 PITKIH COUNTY CO `~+ Summary `~'~ ,. .. .. r i w a r .s r .w r w a r en Hi ands Villa e P azed Jan 1998 Landsp Cost Estimate Site Dacri tioo Cost D Slder Pazkin and Villa a Entrance S 266,023.57 Villa a Core Area S 289,266.85 T'hunderbowl Nei hborhood S 159,989.39 Maroon Nei hborhood S 80,074.57 Affordable Housin S 145,194.17 Ski Run Reve etation S 17,115.00 Weed Mans ament S 64 800.00 S 1,022,463.b6 I IiIIII IIIII II{'II IIIIII IIII IIII I"I"I III IIIIII III IIII 423271 1(~>1S/1998 03:63P SUB IMPR DRVI6 SILVI 16 of 30 .R T.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 . ~ `~ Entrance and Day Skier Parking Aspen Highlands Village Prepazed January 1998 Landscape Cost Estimate Entrance end Day Skier Parking Area Quantity Siu Description Unit Total 20 O8ft Colo/Eng Spruce $ 312.23 $ 6,244.60 20 12ft Colo/Eng Spruce $ S69.S4 $ 11,390.80 IB 16ft Colo/Eng S race $ 1,138.15 $ 20,486.70 31 2"cal. Aspen NG $ 199.96 $ 6,198.76 31 3"cal. Aspen NG S 287.65 $ 8,917.15 22 3" cal. Street Trees $ 312.23 $ 6,869.06 171 S Gal. Deciduous Shrub $ 28.48 $ 4,870.08 2,500 1 Gal. Perennials $ 8.77 $ 21,925.00 200 Flat Perennials $ 58.20 $ 11,640.00 x,725 SF Bluegrass Sod $ 0.65 $ 1,771.25 I IO,S00 SF Low Native Seed $ 0.13 $ 14,365.00 S60 SFF Walls Drystack $ 24.09 $ 13,490.40 1,300 CY Topsoil $ 41.58 $ S4,OS4.00 123,125 SF Fine Grade $ 0.06 $ 7,387.50 120 LF Steel Edger 4In $ 1.67 $ 200.40 90 CY Mulch $ 31.71 $ 2,SS3.90 18S CY Planter Mix $ 41.58 $ 7,692.30 1 LS Irrigation $ 65,666.67 $ 65,666.67 $ 266,023.57 Hosed an drawings by Robert A, Stem Architects Sheen L201 and L201.3 Dated I-20-98 ~, ^^~~~ ^^~~~ ^^iul nun un Illl u~llHl 111 111111 III II11 423271 10/1S/1998 03:9P 9;;i3 y?IRR DpVIS SILVI 17 of 30 R 0.00 D 0.00 sA #i,~:'t p',t7g;N COUNTY CO r r ... .. r .. w r w ... ., ._ ... ., r r we .~.~.. Vllage Core Area ~ Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Village Core Quantity Size Description Unit Total 10 LOFT Spntce S 449.08 S 4,490.80 5 14FT Spruce S 788.31 S 3,941.55 5 16FT Spruce S 1,138.15 S 5,690.75 2 Spruce S 1,651.85 S 3,303.70 1 Spruce S 3,520.62 S 3,520.62 3 2" cal. Aspen NG S 199.96 S 599.88 57 3" cal. Aspen NG S 287.65 S 16,396.05 8 3 "• cal. Street Trees S 312.23 S 2,497.84 132 5 Gal. Deciduous Shrubs f 28.48 S 3,759.36 2,700 1 Gal. Perennials S 8.77 S 23,679.00 12,000 SF Bluegrass Sod S 0.65 S 7,800.00 21,000 SF Low Grass Seed S 0.16 S 3,360.00 220 TON River Boulder S 63.]2 S 13,886.40 1,585 SFF Planter Wall Con S 44.33 S 70,263.05 2,520 SFF Planter Wall Dry S 27.37 S 68,972.40 607 CY Topsoil S 41.58 S 25,239.06 6,500 ~ SF Fine Grade S 0.06 S 390.00 600 ~ LF Steel Edger 4 In. S 1.67 S 1,002.00 50 CY Mulch S 31.71 5 1,585.50 1 I LS Irrigation b 28,888.89 3 28,888.89 ~ S 289,266.85 Based on Robert A. Stem Architects L201 and L201.3 dated 1-20-98 I I"III'IIII'II"I IIII" II'I I'II I"I"I III'III'I'II I"I 423271 10/16/1998 03:63P SUB IMPR DpVIS SILVI 18 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 ~. r aw •r ., .. r .. r r ... r s r r ~~ '` ~, Thunderbowl Neighborhood Aspen Highlands Village Prepared January 1998 Landscape Cos[ Estimate I I Thunderbowl Neighborhood I Quantity Size Description Unlt Total 10 04ft Spruce $ 145.04 $ 1,450.40 25 06ft Spruce $ 208.15 S 5,203.75 25 O8ft S ruce $ 312.23 $ 7,805.75 25 IOft Spruce $ 449.08 $ 11,227.00 25 12R ~ Spruce $ 569.54 $ 14,238.50 12 14ft Spruce $ 788.31 $ 9,459.72 5 16ft Spruce $ 1,138.15 $ 5,690.75 150 5 Gal.• Aspen $ 26.84 $ 4,026.00 100 7 Gal. Aspen $ 52.04 $ 5,204.00 75 1.5" Cal. Aspen NG $ 136.85 $ 10,263.75 20 2.5" Cal. I Aspen NG $ 232.73 E 4,654.60 100 12" Cal. As en NG ~ $ 199.96 I $ 19,996.00 10 3" Cal. ,Aspen NG I $ 287.85 $ 2,878.50 ~ i 146,400 I SF Wildflower Seed $ 0.13 $ 19,032.00 277,400 SF ~ Native Seed $ 0.08 $ 22,192.00 1 LS Drip Irrigation ~ $ 16,666.67 ~ $ 16,666.67 I I S 159,989.39 111111 Iilll 111111 111111 IIII IIII1111111III 111111 1111111 423271 10/1'8/1998 03:53P SUB IMPR DRVYS 5ILVI 19 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Pa,:' w r Ir A r r .. ,.. ... ~. .. ~, i r r A r F..~ ~,, Maroon Neighborhood ~ , Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Maroon Neighborhood Quantity Siu Description Unit Total 5 4R Sprvce $ 145.04 $ 725.20 10 Eft Spruce $ 208.15 $ 2,081.50 10 8ft Sprvce $ 312.23 $ 3,122.30 10 (Oft Spruce $ 449.08 $ 4,490.80 10 12ft Sprvcc ~ $ 569.54 $ 5,695.40 ]0 ~ 14ft Spruce $ 788.31 $ 7,883.10 8 16ft Spruce $ 1,138.15 $ 9,105.20 100 5 Gal. • Aspen $ 26.84 $ 2,684.00 60 7 Gal. Aspen $ 52.04 $ 3,122.40 50 1.5" Cal. (Aspen NG $ 136.85 $ 6,842.50 l0 2.5" Cal. ~ Aspen NG ~ $ 232.73 $ 2,327.30 40 2" Cal. ,Aspen NG ~ $ 199.96 $ 7,998.40 5 3" Cal. ;Aspen NG $ 287.65 $ 1,438.25 129,200 NSF (Native Seed I $ 0.08 $ 10,336.00 I I ~LS (Drip Irrigation $ 12,222.22 $ 12,222.22 I $ 80,074.57 Bazed on Robert A. Stern Architects Dated 1-20-98 Sheets L-204 and L-404DWS ("III "III "I'II (III" III I'II IIII"I III I'I'III II I'II 423271 10/16/1998 03:63P SUB IMPR DRVIS SILVI 20 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~: r r r •. r r .. r r .• .~. ... ti. ... ... Y`~ A~+ ~Y W A r w • ~ ,.., ~, Affordable Housing ..- Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Atiordable Housing I Quantity Size Description Unit Total 23 NA Housing Unit Allowance S 6,312.79 5 145,194.17 Based on Robert A. Stem Architects plan reduction L401.3 ~ 111111 IIIII 111111 111111 IIII IIII 1111111 III 1111111 II IIII 423271 10/15/1998 03:53P SUB INPR DHVIS SILVI 21 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 ... ..~ .r •r s r r .. r r a+~ w.. ~... '+ v ww r wr s r w r .. ~./ Ski Run Reveg. and Weed Control `"d A~ en Hi hlandn Villa e Landsca Cost Estimate P acrd ]an 1998 Ski Run Ve elation Quanti 4.89 Siu Acte Descri lion lvfatchadst.Grasses Not includin im rt to soil Unit S 3,500.00 Total S 17,115.00 54 Acre Weed mono ement ro am dutin construction Thistle and weed control or other means S 200.00 S 64,800.00 54 Acres for three vear;,twice er ear IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIIIII II IIII 423271 10/1S/1998 03:S3P SUB INPR DRVIS SILVI 22 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page t {s... ~...,~ `W 1 ~"°' .~ P ~ ~a P \ .r ~ A L ri ~ },1 r ~ - -~ - _ ~ ! ~ -.. t51y1~1~ IIr ~ ~ r / i~~ - 3 ~~ ~ ~~~~~~~i,1: _ . .~ , ,III ~. ,`. ~~. ~~ ~t ~~ • 1 lY..' l ~r..r_i.~l I~ \I I. I ``, ,:, 6;;, ~ Y ~; ;;r ;~ . fly' 3' a (r.1 LL1 2 ~ \ ,~ ~ r ~ ~ ,. . ¢~ `4`~ ~~ .~~~~v'1 t sil '~ J Z Z ~ I G _ f z v, MI Y i ~- Z _ ~7f I ~ / Y / w L~ J III III ~ I ~ r ' r r I ~ J'I i r : r-r 1 +~ W .' ~ _2 ~p r'' ~ ~ Jl° I I I i I i ap~ r1 Z III }}\ ~ ,; ,y M~~f '' f 1 I N '' ~ ~~yy„'1~~` ~ / Y M+ I. I I I ~I~I 1\ I w v J ~ ~, ~ "" i ) ' p. , ~ . , ,T.A v'~id H s w m __ o 0] A1/Y10.] MIM121 pp'p N pp7 0 p0'p Y "`C it IAIIS TIetlO Ydl1 pf15 ~Cf. qp tpti/Gl/pI ..~._ _ I"I I' I'lll" III I'lll'I IIII IIII I'~II~ ~"~~I ~i~~^~'-'~ R~ - s .•.. ~ 1'w r ~ ... f~X~. ~ . T t m,w Aspen Highlands Village Final Construction Management Plan "" Revised October 5, 1998 ,,,,, Overview .. This Construction Management Plan haz been revised to reflect the comments and feedback _ received from the County Engineer, Bud Eylar, at the annual pre-construction meeting held on April 23, 1998. As agreed to at the meeting, this plan is intended to serve as: ,. A vehicle of cooperative understandings between the Developer and the County, to ~ be modified and amended (with mutual agreement from both parties) az required A source of ongoiong communication with the County's Public Works/Road & ,~. Bridge Department in an effort to keep the County informed of construction ~` activities, work progress, and to keep an open dialogue regarding construction issues that effect the community .. • An amended and approved plan for the 1998 construction schedule. The County and the Developer reserve the right to make reazonable changes (with mutual agreement form both parties) to the plan as needed. r In preparing the procedures and meazures to be incorporated in the construction process for the "'~ Aspen Highlands Base Village, it is important to understand both the goals of such programs and the practica] realities of the construction process. Our intent is to minimize impacts associated ... with the construction of the Aspen Highlands Base Village improvements while allowing work to proceed in such a manneraz to avoid prolonging the construction period. .. „' Travel Demand Measures (TDM) are most oRen thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The °^ concept of utilizing TDM as a part of the construction and development process is a unique idea. .. Typically, TDM wilt principally deal with mass transit incentives and auto disincentives. However, other ideas have been investigated relative to TDM and the construction process. .~. Outlined below are several measures the project proposes to implement az a part of the construction process. ,„ Travel Demand and Traffic Control Measures "" The following Traffic Control Plan haz been presented and approved by the County Engineer. It will be self-performed by Gould Construction with their certified staff. During the construction ofthe Aspen Highlands Base Village the following TDM and Traffic .. Control program will be in effect: • Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Aspen Highlands Base Village from 8:OOam to 8:30am and from 2:SOpm to 3:30pm. The exception to this will be scheduled concrete pours that are .. time-sensitive due to the quantity of concrete being placed or poured at one time. • A public notification process through the local papers will be established. Pitkin County has "' authorized a courtesy sign at the Maroon Creek/Hwy 82 intersection. ~ Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. • General Cont,~actor acknowledges that County Road 19, McClain FIaLs Raa~i, is posted for a '~ 20-Ton Weight Limit. ?he General Contractor shall notify all contractors/scab-rontractors - ~ Vii!! ~IIl11111111 IIII IIII 1111111 !II IIIh~! ~ ~' i ~:^i,aS/1998 03:53P SUB II1PR DRVIS .. ~•' :~-~ 't ?a.00 D 0.00 N 0.00 PITKIN 1`ut ~ + • . .-~ ,~.. r,,, . . involved in this project with this information. The County shall strictly enforce the Weight °"'° Limits on this road. • Sub-Contractors will be issued a limited number of parking permits for their workers. • General contractors will be required to provide a parking plan with their individual ""' construction contracts. The General Contractor will contact local bike shops with notification ^ relative to Maroon Creek Road. The General Contractor will have to enforce public safety issues relative to truck taffic and interface with pedestrians & cyclists. ^ Contractors will be required to provide van-pooling or car pooling programs as a part of their construction contract. Reduction in payment provisions shall be incorporated into the ^ contracts as a means of ensuring compliance. • To the greatest extent possible raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (for example gravel). '~ A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery r and contractor compliance with the TDM progam. • The covenants and design guidelines for the individual neighborhoods will have provisions ^ regarding contractor parking on the streets. ~,. • There will be no parking allowed on Mazoon Creek Road or in the adjoining neighborhoods. • The Developer and the County may make reasonable changes in the hours restrictin haulin g g activities, based upon changes in traffic loading on Maroon Creek Road and on seasonal ,,,, activities in the area. The County reserves the right to stop all hauling or constrction activities on Maroon Creek Road for special events or activities (scheduled bike and/or road ^^ races, etc.). The County will give the Developer reasonable notice of the imposition of ,,, restrictions. • The Developer acknowledges that hauling activities to and from thejobsite aze restricted to •~ the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday. r The Contractor will make reasonable efforts to stage trucking activities on site to minimize empty loads to/from the jobsite. -~ • Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriff s Office, the School Superintendent, the Pitkin County Director of Public Works and the Developer to review the construction season work program and address any concerns ,«,. raised during the previous construction season. "" In addition to the above measures, Aspen Highlands Base Village will plan and Implement the ~, following programs: -- FuEitive Dust Control Plan T' • Dust control will be implemented from start to finish of each construction season until the W project is complete. • Contractors will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby r minimizing dust damage and nuisance to persons and property. • Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust-laying equipment and r methods as may be required. • To the greatest extent possible raw material deliveries to and from the site will be water ""' sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from r construction operations. -• 423271 10/15/1998 03:!S.3F' c 'R %'R4I5 SILVI 25 of 30 R 0.00 D 0,49~~a ~ °`"ti*~.NTY CO .. ~. ,~-, ~~" Public Notification Plan .. • If it becomes necessary to reroute traffic on existing roadways due to construction related """ activity, the responsible contractor will be required to notify the general public of the ~•~• detour(s) at least twenty-four (24) hours in advance of the scheduled occurrence. • All contractors will be required to notify public and/or private utility companies at least forty- eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work .. will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify ~ the appropriate County authorities and the affected utility users at least twenty-four (24) ~ hours prior to interruption. • Notice will consist of the contractor's posting of prominent and easily read signs, distribution ~• of handbill notices, publication in a local newspaper or a public announcement on local radio, r, or any combination of these as may be appropriate. w Noise Control for Construction Equipment ,,, The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. '~' • All construction equipment operations shall be scheduled to operate only during daylight ~,,,, hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. .. ... A 1W was ~~ d r ~~ W A _ 1111111 Iilll illlll Iii!~~ !III lIII !111111 ~~~ ~~~~~~~ ~~ ~~~~ 423271 10/1S/153A ':i,l~~i7~ ;~ti;0 YMPR DRVIS SILVI '~ 26 of 30 R O.P,f~ r. .. !~~ ;:! g N0 PYTKIN COUNTY CO ,. ,.Y., ~' 4 . i rr R#n Exhibit D +~ Revised Aspen Highlands village '°'" Castle Marooa and Dial-a-Aida Service Plan Castle/Maroon RFTA Route ~ The service plan for the Castle/Maroon RFTA Route service upgrades remains the same as outlined in the Aspen Highland Village Detailed w Submission: Consolidated Plan with one exception. The proposed upgrades to the Castle/Maroon RFTA route will be implemented upon 'r occupancy of the dwelling units planned for Phase Three, rather than the reduction of skier parking to 450 vehicles. This is '~ anticipated to coincide with occupancy of the Thunderbowl and r. Maroon Neighborhood affordable dwelling units and the dwelling units in Buildings Four and Five in approximately 2000. + Approximately one year prior to the occupancy of Phase Three the _ developer will contact RFTA to order a new bus for the Castle/ Maroon route. The Aspen Highlands Village Subdivision Improvement ,,,, Agreement will establish formal procedures and financial assurance for the upgrade to the Castle/Maroon route. r w Dial-A-Ride Plan The Moore PUD and Aspen Highlands Village will join together to ^'° operate a dial-a-ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door-to- door delivery system and will service trips to areas near Aspen. ,,,., Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a "' preliminary operations and service plan, and describes the vehicles to be used. Some operations details will be finalized when the "~" service has been established. Operations Plan W, The system will be operated in a flexible .manner to maximize convenience for riders. Service levels will be tailored to demand .,, to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated with two vans when the developments start to be occupied in approximately the year 2000. The fleet of ~ vehicles and service may be expanded as the developments grow. Service will be provided to the two areas illustrated by Figure 1. Vans will operated on a fixed schedule with pick-ups in the center of Aspen every one-half hour during the winter and summer high .. seasons. On the other end of the route at AHV and the Moore PUD r the vans will drop off and pick up passengers at their origin or destination. During the off-peak seasons services will be reduced ,~ to match, demand. ' .t:?271 10/15/1998 03:63P SUB I"'~'' ;Y .,, ~ qd 30 R 0.00 D 0.00 N O.Fi'!: ' _ ,a;.; :v, , .. ~. ~. ... During the peak season(s), Route ~ 1 will serve the Aspen Core. ""' Dial-a-ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three """ check points will be established in Aspen, potentially at Mill .. Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so ~" patrons are not required to call for service. Two vans will ,r provide one-half hour headways at the checkpoints. ,., The second destination, Route ~` 2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services '"' provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car "" rental is not necessary because of the alternative transit services available., Departures to the airport will be scheduled ahead of time. aervioe Plan -. Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: r ,,, 1. Estimate of demand; r 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; ,~, 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. ,,,, AHV intends to offer dial-a-ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be +- offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. ,,, Service to the airport will be provided when the airport is operating. The service will be available to all guests and .. residents in AHV and the Moore PUD. "" At the end of each of the first three years of operation AHV shall submit an annual report to RFTA at the end of the winter season. ., The report shall include: 1. Statistics regarding ridership for the previous year; ,,. 2. Instances involving standees and missed trips, or trips requested but not provided; and ,. r 3, Statistics regarding accidents and roadside calls. ,,, `.:,~.aed upon the review of the annua.'!. --;:-n~rt, changes in the levels _::°v.;.•.e may be made. r ~ ~~~~~~ I~~~R ~ ~~. ~ ~~ ~~ I~~~ ~~~~~~~ ~~~ ~~~~~~~ ~~ ~~~~ 423271 .;i' SUB IMPR DpVIS SILVI 28 of - I. 21,q~0 PITKIN COUNTY CO vehicles .~. ,,. .., The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers ••° will be able to stand in the vehicles. "° Eventually, three or four vans may be utilized when both ,,,,, developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will -~ be stored in the AHV parking area and will be maintained by local mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high ~„ traffic is anticipated. .. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. ,.. ,,, Cost ~- The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. r During the winter peak season, it is projected that passenger ~,• productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on """ the service being run. The cost to provide service is estimated to be $ 295,000 per year. ,„, Van .. ., r. ~ ~s:S,'-'•. •~i.'.3/1998 03:63P SUB IMPR DpVIS SILVI '9 `; R x.90 D 0.00 N 0.00 PITKIN COUNTY ?"'0 ^, .. ~.. Exhibit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAROON CREEK ROAD BIKE PATH/ENTRY LDNEAGE' '"" DESCRIPTION QUANTITY UNIT UNIT COST TOTAL EXCAVATION 2,500 CY S 8.00 $ 15,000.00 ,., 3/4" ROADBASE 2,800 TON $ 19.00 $ 53,200.00 HBP 2,200 TON $ 45.00 $ 99,000.00 `" RETAINAGE 2,200 SF $ 25.00 $ 55,000.00 TRAFFIC CONTROL 1 LS $ 25,000.00 $ 25,000.00 ^ SIGNAGEJSTRIPING 1 LS $ 5,000.00 $ 5,000.00 r SUBTOTAL $252,200.00 ,. CONTINGENCY 15°~ $ 37,830.00 r _ TOTAL PRELIMINARY ESTIMATE $ 290,030.00 "" This is an estimate for bike path and entry laneage only and no costs resulting from sewer ,~„ improvements in Maroon Creek Road wiil be included in the costs. As proposed in the Aspen Highlands Village Application, $650,000 is committed to cortidor improvements. All ,,. costs related to Maroon Creek Road Bike Path (Public Train/Entry Laneage shall be paid out of the $650,000 no matter what the actual total ends up being. Any remaining funds "' could be allocated toward other suggested improvements In the corridor or toward overlay improvements upon completion of the Aspen Highlands Village project. w r r+ ~r r K~~IE, ~~;!! ~IIIiI ~~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~~ IIII ~I~~! ~ ~, r ~, ~~, °:'~~,,!5/1998 03:33P SUB INPR DRVYS '' ' .e ~~i :~ 0.00 D 0.00 N 0.00 PITKIN f~')'~a''' .. 1.... N O ^' !! ~ 1~ <k rv ggrv N'a' 30~.. R ii ~`i a:^. 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GRANTING DETAII.ID SUBMISSION. P:.aNNF"D UNIT DEVELOPMENT, 1041 Eiv~TRONMENTAL H~IZARD REVIE:l. afvD SPECIAL REVIEW APPROVAL. TO T13E ASPEN HIGHLAlYDS VII.LaGE PUD Resolution No. 97-• /~? Rncisais 1. applictnc. Project Location, and Approval Requests - HILP ~Ioutuain Limited Parmersitin. Ashen Highlands btoumait[ Limice~ Liability Contaam. aspen Highlands Skiing Corporation. Whipple Van Ness Jones and Hues Highlanas i_imiced Pattaezsitip. (hett:inafrer referred to as "applicant") have applied to Piticin County for approval of the .~spea Highlands Village ("AHV") protect. The application soecincaily requests approval far Rezoning, Sc_cial Revie:w..Growth Manaatmiem Quota System allotments ("GMQS") and Detailed Submis~ionrPlanned Unit Deveiopmerff ("PLTD"). Tire ashen Highlands Village site is located in the Maroon C:eei; Valley at the base of the :{seen H;Qi,tanrie $ki area and contains approzimar~lV 70 acres. The oatzr; is more specifically described in Exhibit a. The SubdivisioniPUD GeaeraUConceamai Submission was approved with conditions as evidenced in Board of County Commissioner ("Board"1 Rtsoitinon 96-i41 ("_xhlbit B"). 2. EASZing Uses -The subject site is improved with the Maroon Creek Lodge thrr_ ski iifu and the aspen Highlands Ski .area base Brea facilities and a parking lot conraining approzimaryy 742 off- strees parking spaces. Exis[ing buildings contain approzitnateiy =9.194 sanart: feet of commercial space. 1.970 square feet of skier services. and 13 tourist accommodation units in the Maroon Creek Lodge. In [he late 1980's Pitkin Couttry issued a demolition permit to demolish the Highlands Ina which contained forty-nine (491 tourist accommodation units. 100 sattare fees of read soave and ..500 square .LCf ~f Jar ..na :estauran[ ~DdC~. Tale 1luniannc iffi ~yaz Semntl5aea S1rb5WUGm t0 the ~cmanrC OI the demolition permit. C 3. The Plan -The land use actions identified in the [itle of this resolution are the second step is the approval process necessary to epable [he applicaws to demolish all of the existing buildings at the base of the Aspen Highlands Ski Area and construct AFi~'. a pea, mixed-use village on the sift. The plan ~,immari~ed in the Aspen l3iglilands Vtllage Detailed Submission: Consolidated Doct~eats. September 1997 constinrtrs the Site Specific Developmem Plats as deftaed in Section 6-5.7. of the Pitldn County Land Use Code. The AHV Plats includes the following elements: • Thirty-0ne (31) single family detached free-tttarket dwelling units, Thirty-two (32) townhouse free-marker residential dwelling emits: Seveary-three (73) tourist accommodation units; • Thirty-seven (37) Category 1 dorm utsia (housing 61 people); Twepty-two (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); • Twepry-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eight (8) Category 2 multi-family sale units (1 bedroom); Three (3) Category 3 one bedroom rernai units; • Four (4) Category 3 [Wa bedroom rrmal Itnire; ~l Ten !10) Caretaker Dwelling Units; «,. w kesoiuuor, ~;aa. ~~;~. ~' ,^ Pas'e . " • Twenty-one thousand. six hundred (21.600) square feet of reran mace (Net Leaseable Area ..YLA"): • Twelve thousand (12.000) square tees of acccssorv skier services tNia): • Fourteen thousand. one hundred twenty-rive (14.125) satiate feet of restaurant space ' NL.1): • Three thousand (3.000) square feet of condominium meeting rooms , NLA); • One tttausattd eight hundred i ;.,;00) square :eat of meeting rooms iNLAr • ; wn thous_nd two hundred ..._00) square tee• ..; ;:-:. ~~_ • .=our honored fifty 1450) paz:;m '• storage (NLai: • Two hundred and ,, g ~~ for the .~soen Highlands Ski ,area: and chitty (_~0) off-sneer paz~g spaces for the affordable housing and .ours[ accommodation ururs and AHV employees. "~ The proposed ohysicai layout of the project is depicted on the attached ^r~•.thibiu C :hrou¢h F." r The County certified Asoen Hi ' _ of 1997. in addition. in actor ~~ Villa¢e: Derailed Submission substantially comniese in Janttarv been submiaed ro the record b~e A piican~t, ~ ottn vtice..eaezs and suopiemental info ' . waif and the public.' cmarion have ~ Pea Highlands Detailed Submission Coasoli r reference materials coamrising the Si[e Specific Devetaoom nt Plan would be acv to the record so all document. ailable m one 4• APPticable Lead Use Code -The ,~, !i applicanon in June of 1993 and ~ cant ~~~ ~ •4HV: General Sub '" did not receive General Submission mission land use April of 1994, the Board of County Commissioners adopted a new approval cmtil March 13. 19%. In cesoiution (Boazd Resolution >Y 94.•08), the Board !a»d use ~• BY senarafP applications which were in prod az the time of e~stoapblished ~ Gcy for the teview of land use hall~~y stares that "~ ~e land use applications that have beenw Code. Resoluution 94.68 e -~..:•.v..: _.,._..__.._ _~_ ,.. submiued by March ' 6. !9oa Board as meartin - _- "" - -- -•.-:~.; -'.:~ '" ..quo .:ae term active nas been established by the .. g an application winch is substantially complete and ready to be Since the AHV application was not only complete, but had ac ~~~~ for review. Zoning Commission and the Board of County Co ably been before the Planning and that the Highlands Vi matissioners prior to Mazch 16th. the Board fotrad '~" age application met the criteria for an "naive" application az the time of the adoption of the "new" Land Use Code. ~, In accordance with Board Resoludonc 95-10 and 96-6. the Board and Appg~ mtmrally agreed thaz all Growth Management Quota Systtan (GMQS) allotme~ and exemptions would be processed pursuant to Sections ;-140, ,-150, 3-160 of the "new". Pitkin-County Land Use Cade. ., 5. submined th ~~D~amS C~oa Deraaed Submission Review Process - I3e Applicant additional mare ' abmission in November of 19% and the Cotmry staff requested "' ztals prior to certifying the applicazion as complete. The h Provided the +. app 'cast additional mazerials in 7attuary of 1997, and the iccation was sch County planning and Zoning Commission. ~ eduled for review by the Firkin r. o~March 18. 997, App 1~ ~ oa ("Commission") considered the application az public meetin ,,,,, consideration of the `~~ 7. 1997, April 14, 1997 and Ap>y 29, 1997. After ~ a aPpficadon, County staff and public comma ~ Commission recommended Pprova! of the application with conditions. _~ 1111111 IIIII 111111111111 Iilll ~"1 ~1;1~;1;;1 ~Illl IIII IIII 422629 09/30/?g _ _ 98 OC9 . »e ---- l~~solution i-.u. ?_ Page ", ,~-~, ~' Growth ,yiaoagemmt Quota System Review Process - Trw application specifically requests dipea Meuo Area allotments for commercial Employee Generation Units (EGU's1, tourist :commodauon upiu. affordable housing units and free market units in the Afforaable Housing 'tTverlav f AHOI zone. ~n March i8. '_997. the Growth Managemetu Commission ~ "GMC` considered the anpdcaat's request IOI 11 .aspen Meao Area 1996 tourist sccommadation allotments ::: _`:tly noticed public hearing and „~commenaed that the Aspm Ciry Couuc:l ("Council"' ~::d the Bo~_ . -::nt alloanents to AHV. The 'otmcil approved the allotmear nursttatu ro Aspen City Council Resoiutan 41 Series of 1997 and the ward granted the allotments p+> +an m [iris resoiudan. The remaining 62 tourist accommoaauon .rllomments necessary ro build AHV arerdemoiition and reconstruction aedirs for die demolition of the Wiighlattds fan and the Maroon Creek i_odge. *~n August .6. 1997 the Commission held a auly noticed public hearing to consider the Applicant's ~eouest for .9 EtnDloyee Generation i.irdts (EGU's~ available in the 1996 Pitkin County Commercial Growth Managemetn Quota System i "GMQS";~ Competition. Afrez scoring the application the r'rCommission recommended that the Board gram die .9 EGU's to AHV. The Board granttxi the .,illotmenu pn ,an to Resolution No. 97-185. ~'Oa Aueust .6. 1997 the GMC held a duly noticed public hearing to consider tae Applicant's request to ..be designated as an exceptional project p» +a++ to Section ?-160.30 of the Pitkin County land Use Code. The GMC found AHV ro meet the srandatds for designation az as exceptional project anti "recottunended chat the Board and City Council awazd forty-three (43) free market units (AH associared) ..and one hundred twelve (112) deed restricsed affordable housing units (affordable housing) multi-year allotments to AHV. The Board granted die ailomleats pur +a^ to this moluuon and the Council '~ approved die. allotments p~ ,an to Ciry Council Resolution ~t~4. Series of 1997. -.. --_ -= ^ ..._._.. r_ .."....:~,'..ne. ~e~±eW Process -The 9oard considered the AHV Detailed J./Y"r ~~ -..~- '" Submission application az public meetings on lone 6. 1997,1une ~U, 1997, Jtuy lo, iyy,, entt .. September 10. 1997. The Board considered the AHV Detailed Submission az a duly noticed aublic hearing on September 24. 1997. .. The Board considered the Aspen Hi~tlands Vt'Dage Detailed Submmsion Consolidated Plan az the September 24, 1997 public hearing. The Board finds that the Detailed Submission changed during the review process is response to commet¢s by the public, Commission and Board. The Board specifically finds thaz changes to the AHV Detailed Submission are typical of changes m significant land use applications is Firkin County and such changes do nor constitute a new land use application. The Board " finds that ae Aspen Highlands Village Detailed Submission Consolidated Plan. September 1997 consumes the Site Specific Development Plan as defined in Section Ct-5.7 of the Code. "' 8. Aspect Area Gmetai Plan -The Board finds that the AHV Detailed Submission az modified ~ during the review process is coasistem with the Aspen Area General Plan as amended by applicable comprehensive plans and the policies and regulations of the Pitltm County Land Use Code. 9. Pitl® County Lead Use Code Compliance -The Board -fords die application co be in cotapiiance with the Planned Utdt Development (PUD) standards (Section 3-7) and permits variations ~ from Land Use Code requirements az represented is the Aspen Highlands PUD and requested by the "' . applicant in accordance with the Aspen BTighiands Village Detailed Submission Cottsolitlated Plan in ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~ ~~~~~~~ ilk ~~I~~ ~~~~ ~~~~ aazs25 09/30/!994 03:22P RESOLtJTI ppV25 SILVI ` ~ /'! t,~oitttion No• o~_i 'age 4 Plan.. subject ro u•~.rtdatrce with the standards of Section --%.:;. 'Tlte Board finds that.the proposed ;ansfaction of conditions listed in [his Resolution. sdequazely avoids or mitigates Geologic Hazard P~ (5.401). Floodplain Hazard Areas (.-•i01). Wildfire Hazard Areas (504). Hismnc and land use p ;haeological Resource Areas lS~OS)- ?,dditiortaiiy, the Board finds the proposed application complies with L,attd Use Code standards for ~r nvan°°s°o~i ~ Wig ~e Dec~ed Subttussion ?.hl• Finally. the Board fitrds the proposed land use app s ndards of the Code 16-1). .. NOVI". TgEREFORE. BE IT ~SOL~'=~ 'oY ~e Roarc: .:test it does hereby ;rant Detailed ~bmission• Plana ~ S°ecialtReview an~ rovai for m~uiu~amil attd revuui uses endues a TDR peon fot Condominiums. ^.ceiving site for .0 single family dwet>rag amts for AIiV subject to dte condidotts listed below. „rddidonallY• he Board does hereby ;rant .HIV 11 Metro Area mutist accotmnotiation allomtents. ! 1 Mean Ariz affordable housing allotments ror an affordable housing developmem. ,;nd 13 Metro ?.rea "rte market housing alloanenrs for an AH assoctated aevelopmetu. .. C'* n I ,rl 411 conditions of BOCC Resolution No. 96-141 shall be adhered w unless specifically moaified by the [etms of these condidons. ,.,?• The applicant shall adhere to all material reprrs°n~tt°D5 ~O m ~ ~iication• supplemental tnateriais, and in public meetings. r 3 • The applicant or deveioptneat entity shall be mvonsible for all t ~ H r~~sV il)age PUD ~ Genera Submission. Detailed Subaussioa FittalmPlas~, ~ ~ evem of conflicting ^ Guide and the Subdivision Improvements Agreem ( ,,., representations during the four year land tae review process. the last representations made shall control. .~ ~• The applicant muse file condominium maps in accordance with C.R.S. Section 38-33-101. V tllage ^ a Detailed Submission~ConsolidaceduPtlremmetas are as aetatled m [he Pspen H[ghlands r ^ threshold on the existinS.Casd°IMuoon 6, The phasing Plan that clearly identifies the ridership for the applicant to "" Roaring Fork Transit Agcpcy (BETA) route that will trigger a regttirement• make a cash paytttcnt [o RFTA for the ptushase and operanon of one addinonal bus on the m ~~ AsFen highlands Village Detailed Submission Consolidated route will be as documented • licant will pay to Pitkin Cotimy for '"~ Plan. The ageemem the amotint of money the app ~' increasing the level of~serv~ ice an the CasdelMaroon route. In theme ~R~ ~ ~s the licant's Cazde/Ivlaroon route with another form of peptic, Pitkin C° ~~m~ service must pro'nde "~ paymept for such replacement transit service. however. the rep ~ "' service m AIiV• n ~ I llllll "ill Illlil llllil VIII IIl Illlill lIl VIII llll Illl 422629 09/30/1991 03.22P RESDLU7I ppVIS SILVI ,~ 4 of S4 R 0.00 .D 0.00 N 0.00 PITKIN COIAfTY ~ .' ....:'age ~ ~'' 7. The applicant and the County have agreed upon an operations and service phasing Plan for an on-demand (Dial-a-Bidet trensit system to be operated by the applicant as doctanented in the Aspen Higltlanas Village Detatled Subtnission Consolidated Plaa. g. The Aspen Skiing Company (ASC; and the County have agreed upon an operations and service ,w phasing plan for a remote pazking~skier situNe service to be operazed between AHV and li5 new desi~trated remote paziting spaces to be established at Bunetmilk Ski Area as documented in the Aren Highlands Ski Area AF-Ski Master Plan. approved by the BOCC oa October. 1997. ... ~„ 9. The applicant and the County have agreed on a comprehensive traificrtraasiuoazking monitoring system pion to be rl~dertaicen by the applicana. This nian was approved by the BOCC on October =~. 1997 as part of the .riven Highlands AF-Ski Master Plaa. The ?inn will ., be included in the Aspen Highiatrds Village Detailed Sui»pission Consolidated Plan. This plan shall include measures to insure :nczeased rnidgation actiotrs u monitoring shows that the mitigation plan is not adequate. The SIA shall require the Applicam to administer the +~. monitoring plan through the conclusion of Phase a of the construction. and for three years thereafter. The monitoriae system address the iollowiag issues. ... ~- al If the trips generated by AfiV exceed projections in the "Revised Mazooa Creek Corridor Detailed Ttansvotzation Plan". rebruary. 1997, so as to require mitigation for those -^ addidotrai impacts the additions! tnitieation required by the applicant must be a~roved by -• the BOCC based upon recommeaaatioas of the Community Development Department and any appropriate referral agency fe.g.. RFfA and/or the County Engiaeerj. .. y- b) If the number of trips geaerated.is lower than projected, then the applicant shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a itndiag by the BOCC thaz the reduction is appropriate. Ia no case. .. ~~•~e•~e- hall she .•~trplicart be eligible for a refund of any nortioa of the infrastructure dortatian described is paragraph 9 oerow. ," c) The SIA shall specify thaz the applicant shall be responsible for the perionaance of this condition and security for such performance wall be provided. ~• 10. The treasportation and air quality monitoring required by the Applicant shall be the subject of ,~ an annual repon which shall contain az a minimum the following irrfotmadon: 1. Daily weather conditions. .. 2. notation if Aspen schools are open on given day. ,. 3. Air quality readings az Maroon Creek and downtown mottitors. 4. Daily skier visiu based upon Asvea Skiing Company surveys -this data may not be available ,., for each day. r` 5. Daily pazking lot courts and HOV counts. r I I"III "III "I"I III'I' III'I "I'III"I III "I'I'III l"I 42829 09/30/199>s 03.2ZP RESOLUTI DAMS SILYI S of S4 R 0.00 D 0.80 N 0.00 PITKIN CDUNTY CD .. • ~ ~ ,. q w Page o ~.w. 6. Daily RFTA ridersiup - on survey days data will be coilectcd identifying skiers vs. non-skiers _., vs. employees. °°° 7 Daily notation of any special evem slang Piave a[ .aspen Higlands. «~ 8 Daily traffic :Duna at specinc locations co be identified by the applicant and the Couny "" Transpottazion Cotrsultan[. .. 9. Daily coons of cars parked in Ashen Highlands Subdi~°...'. ~::.:: isaiin Park. '~ 10. i:stablish se[ nays to do surveys in pazit.ing lots -surveys to include: ?Dim of origin. ?eopie in :ar. type of pass: skiers vs. add-skiers. HOV's. A 11. Daily indication if streets in azea were swept tha[ nay. 12. Cot[rtesy van atop-off counts. ,,, U. Signs on Stave Highway 82 and Maroon Creek Road and the etTec[ on traffic when signs nonce chat parking lo[ is foil or tttac paid Harkin, is is effect -sign locations should include. prior to Tieback. prior to Bntsh Creek Road. Castle CreeklMazoon C.roek. .. 11. Applicant has agreed to donate 560.000 for iniiastructure improvements along the Mazoon "' Creek/Cas[le Cmk/Highway 82 intersection and Maroon Cmk Road. The aPplicam bas also ,~, committed to a donation of 5350.000 for long-range improvements to the Castle Maroon intersection as agreed co by the BOCC and Aspen Ciry Council. The donations shall be made upon F'mal Plaz recordation. 12. The Planning and Zoning Commission strongly encourages thaz the proposed short-term r` :mprovea:eurs :o tht Castle: ylazoon/Hi~hwav 32! in[ersecdoa be made forthwith and that the ~ ~ , County and Ciry work together to devise a mutually acceptable aaa trmely solution co ,ne ~ ongoing problem. .., 13. The 450 space skier pazking lo[ shall be paid pazking when the ski area is open for skiing. Utilization of summa pazldng shall be reviewed by the BOCC two yeazs after completion of Phase Four to determine if paid parking should be implemeraed. ~ 14. Consistent with existitrg practice, the primary staging for the Maroon Bells bus shall not occur az AHV. The preferred start point for Matron Bells mots shall be at Ruby Pazk. For down- (.. valley visitors using RFTA or the train tlrete shall be a transfer az the proposed station az the ~ intezsectioa of Highway 82 and Maroon and Castle Creek Roads. The Maroon Bells tour buses t shall pick-up riders az Highlands and rickets shall be available. for sale w Highlands residers 1 ~ ~ ~~ ~ 15. Any overflow pazldng whether from skiers, or residents. or visimrs m the village shall not be ~,,,, allowed on Maroon Creek Road or other public rights of way in the neighborhood- If pazlang _ on the Mazoon Cmk Road becomes. a problem. [he applicant will assist Pitkin Coumy in enforcetnenc of [his provision through sigffige and public awareness measures. He ,~;., I~ f ~ i I"III "III "I"I III'I' III~I "I'III"I III "V"III I"I 422629 09/30/1998 ~•~ 1~50LUTI OpVIS SILVI 6 of S4 R 0.08 D 0.00 N 0.00 PI7KIN COUNTf t37 .._ i v! ~ ~--, gesolutian No. 97- •~ ; 'age 7 "i6. ,~ audit of "cup Tune ]sgttivalem Employee" shall be conducted at the appiiraac's eapease one year after completion of Phase Four. The applicam shall be respomible for housing mitigation of arty employee generation over and above drat contemplated az the time of Derailed Subdivision approval. If the reauuea audit shows a reduction in employee geaetanon rho ,a W applicant tray see'x a credit to be used on other Pitkin County projects. .. 1'. The aepiic.:: shall b ir~canc; chpice~ two Category .:wo-oedroom untts to qualined ., employees tic the app . ~^ ^~ be allowed to sell fora single-family homes. lour town homes. and two one- 18. The applicant shall ~ bedroom amts to qualified emoyee of the applicant's choice. In ail cases the requuem°nrs of the Housing Authority must be met along with the qualification thaz tit the three-and fatu- "~" bedroom units. az least one of the individuals must be a dependem as deaned in the Housing „~° Audtoriry guideline. ni. n 19. Priority for the use of the proposed dormitory uniu shall be ;ivenmto~ lsummer season ruse ct "" or the Aspen Siding Comp~Y dtttzng the fall. wituez oral spring. priority will be for Music Associate of Aspen students. employee aad/ar fP.-= -hing staff. ~ ""' 20. The floor plans for the dormitory units shall be developed as reviewed and approved by the Housing Office. ` Zl. All designared aiFordable housing shall be appropriately deed raaitud acrd such remcrioas h i ,~ shall be recorded prior m conveyance of such housing. ~~ Those lou which will be petmiaed to have caretaker Units shall be daignaud on the Final .. Plat. r ` 23. The use of transferable deveiopmem Heats I'TDt2s ! snau on ~' ~PP;o"` "' °`~':-' V submission, provided however, that the coral floor area exempted from grovrth ~gement for .. 'every TDR uansferred is S.~ ~° f~ a~ ~ ~tionai squaze footage beyond 4.000 ». square fees for any single unit ritilizing a TDR shall require a growth tnanagemem allotment or TDRs must be acquired prior to approval of final plat ~.. as additional TDR. The tegrtited t~ 24. Affordable housing shall be consaucted and made available according m the pktasing Plaa ~ R.+. presented in the written description in the Aspen Highlands Village Derailed Subtnissioa _ Consolidated Plan. ----°'^tal Healt_hlAir O ~a~ L~ftS r 25. Prior to approval of Final Plat by the BOCC the applicant shall Provide evidence that the I_ project will b< served with public sewer as provided by the Aspen Comolidated Saaitatian District. ~"~ 26. No building permits for the pazlang stttrcntre shall be ~~ "~ such °~ as ~stru n~ueof fhe Colorado Depazmment of Health approves the ventilation system for the parking r g~th Depaztmeat for ventilation system shall be Presented to the. Pitlaa County Eaviromaetaal review and cotttment. e ~ I I~'lll "III I'II'I III'I' IIIII "I'Illf'I IIIiIIII II'I I~'I P~9C ~ 7. ,. +!6. ~9 ,^30. ~ 31. 32. _~ 33 /"'a Na bv_vi;d~g penatts shall be issued until a fugtave drat co•.tat: ;°~:+~'~ ~'~ been reviewed and approved by the Envirommemal Health Departmeac- n~noiT[cr Prreervaricn~~ The .aHV weed control Dian for all areas to be disturbed) ~e Detaiieai Submtsston~o~ Lan: ~1yye- ::nd dccumet:ud in the aspen Highlatuis . Cotuuiiuated Plan. ,all stoctmiled soils wtll be treaud with a biodegradable hyaro mulch co serve as a dust palliative. "~ The proposed laadscapmSisczeeaing along kaz°on Creek Road snail be compleud :n the ~ structure and project etttryway• ~tv~ season after compienon of the parking The Wfltrout Pond area shall be enhanced with additional landscapmg as shown on the pica. project Lighting levels. standards. and limitations shall comply with Aspen Highlands Village Detailed Sunmission Consolidated Plats. These standards will be included in the Aspen Highlands Village PUD Guide to be adopted at the same time ~ the Subdivision Improvements Agreeme~. en Highlands Village Detailed The revised landscapmg P~ S°~ be included is the Asp Submission Consolidated Plan.. Wildflower species to be used mast be listed by scientift~ inane and common name acid muss be native species indigenous to the Roaring Fork `/fey wildflower geed source mast be used with the seed to be collected from the Roaring Fork Valley. _ .~_ .e.~:s.•? atbmission 34. Landscaping yssoctaten wtta rnasaa :.:;;~..s.: -. -; ==: -: = =- '-- -- ' etu l"SIA')- documents. shall be contained in detail in the Subdivision Improvemens ass~iated with The Apphcam s~ be responsible for the performance of all landscaPiaB .. phases 1 thrpugh 4 and ~ performance of all landscapmg obligations shall be secured rlvcough one of the following perfotmance guatantecs_ bond. leatx of credit, cash escrow or a gttaramee ,., enforceable by the County or the Ciry upon annexation. The stxatriry shall be in an amoutu ascent flp0~) of the estimated cost of completion of the Iandscaping- equal wone hutttired p 35. The SIA shall sp~~7+ a definiu landscaping pnastng schedules R'~~ includes the specific .. timing for all landscaping installation along with each phase of the development. "' for all plans materials for two 36. The SIA shall r~° the applicaar to provide guaratuca . ~ growing srrsons afar mtual msrallaaon. 37. The SiA shall tsquire ~ aPPhc•~n to revegetau all disturbed areas. These areas shall be '~ P~ ~~ a mixture of indigenous gr~~ ~ wildflowers and the use of invasive grasses "~ shall be prohibited. .. ~ ` 1111111111'I~~I~11111~~'~III~IIIIIIIIUIII111111111111 ~.~ R~OLUTI oav25 SILVI "~ 422629 09/30/19940.00 N 0.00 PITKIN COUNTY CA tr 8of y4R0.00 ,••,. i„,,, ;;yc ,e 9 ~. The SIA snail include a weed control plan. pat level of weed cottunl should be non-chemical. ~~, ncularh• in the wildflower meadows. The rust [hough chemicals may be pezmiued if weed "" control fails. "~ a uiretnetra wall be included is the Aspen Highlands Village ~9. The single-tamily landscaping r 4 re uirements shall be specifically enforceable by PUD Guiae. The single-family landscaping q the Count,'. or the City upon annexation. and snail: a~ reow:= ~:= revegetation c; all disnubed arcs wt-: :he "lancing of a mizmn of indigenous +- ;rases and wildflowers. ~ A list of Proposed spec:cs shall be provided co the County Land Manager for review and approval prior to approval of anal plaz1: .. '~ "' b) oronibitthe use of all non-indigenous piam species. ~arneulariY invasive ;rasses• c) prohibit landscape lighting. ,. 40, Tree rcmovai will be limited co appro°~ btuldmg envelopes and driveways. roads rights-ot- wav and utility corridors. . 41. The landscaping improvements commiaed to by the applicant as nag of the detailed submission shall be specinc obligations of the applicant or his assigns. .. .. ~ 42. At Fins! Plata beachmazk elevation will be established in the ProP°sedVt'llage•Coze is order .. to provide a refezence point for recottsmrcted grade and all other elevation measurements. ~ 43. All variances from current Code standazds will be established is a Aspect Highlands Village .. orm guide ro be adopted az final plat approval. Any subsequent variances s~h^i~tegturz modificazion of die Det:ulea Suoaivutoa splpvirtno ~ °4 •endmenrs to a Development permit trader except for variances which maY quairfY -- Code Section 3-200.80. .. 44. The height of all strucnrres in the Maroon. Thanderbowl Neighborhoods will be measured fiom •+ the grades established by a grading Pisa approved by the BOCC in onadopted building ~ Highlands Village PUD Guide. In the case of any grading maatpnian will be from the final envelope which alters this adopted Big Plan. height meastuem ,• fitrished grade or the adopted grading Plan which ever is more resaicm'e. of the reconstructed grade has been adopted as shown in the Aspen 45. A topographic map will also be. incltnded in the ''" Highlands yIDage Detailed Submission Consolidated Plan. and Aspen Highlands V tllage PUD Guide m be adopted az the same time a~ b ~ d ~ the Improvetnetns Agieemera. The recoasaucted grade mpogzaphic map "" basis fot measuring the height of all stnrcmres in the Village Core incladinB the Paz>~ ~ ~, transit drop-off area. 46. All setbacks will be established by building envelopes as shown on a site plan and table in the en Highlands Village Derailed Submission Consolidated Plan and will also be included in ~ Village PUD Guide to be adopted az final plat appzoval. the Aspen Highlands r I I"III VIII IIIIII IIIIII VIII III IIIIIII III VIII IIII IIII neV25 SILYI ~,\ ~>~ ,~Ola'a6a i;~c., . .. M.,,~ ~. . ~. page 10 ~., "47. Floor Area will be measured and defined as shown is the Aspen l:t~,hlandz V"ifiage Detailed Sttbsnissian Consolidated Plan and in the Aspen Highlands Village PY3D.~suide to be adopted az final plaz approval. ,,, 48. protective covenanre shall be subtracted to [he Coutlry prior to approval of the total plat. a 49. Tate concepts for the proposed architectural guidelines for the single-family units are as doctunettted in the aspen Highlands ~ illage Derailed St:c _:us:on .. _ttstitidated Plan. r 50. The applicant shall not be permited co construct a~ building wish a reflective metal roof or ~, any ocher roof material that r~rds to reflect light. of •~e etation outside of essablished building ehveiooes. utility 51. No develaomem or clearing g corridors or platted roans will be oerm:¢ed. Planting of indigenous species of plants and trees ~ will be permitted outside of building envelopes. No land forms higher than three ices will be allowed to be consuucted inside building envelopes. ,,,,, 52. A detailed constniction traffic: parking managemehdphastng P~ shall be as documented in the Aspen Hi¢hlantis Village Derailed Submission Consolidated Plan. It addresses the iollowiag: ,,, a) The sequence of construction: +~ b) The hoots of proposed construction for each day of the week: .. c) The proposed aermitted delivery hours: and .. ,,, d) How the caz-pooling. etc- will be enforud. 53. The Pitkin County Noise Ordinance must be adhered to az all umes ana nay viotauons wtu result is appropriate enforeemem and sanctions. will be ermined by a~ Highlands visimr• employee, or '" 54. During construction, no paridhg P ,,, con actor except ott-site or approved pooling lotmtioas. 55. No dogs shall be petmined on the consmtcaoa site. Tlraina¢e/Emeion ontml 56. prior.to Final Plaz approval by the BOCC a Storm Water Managt~ Plaa~ ~~~ by a tninimtmm a storm w~ pollution prevention component shall be sttbmihed °"` thr Solid Waste Manager. the State. and Diteanr of Ehvirotrmental the County Engineer, the maiatenaace of the various componems of the storm water ~ Health. This plan shall address of silt and debris. pollution prevention. such as dramage..of ponds. removal and disposal "" rr,a;nrrr~anCL of [he condition of silt fencing, removal, disposal, and rePlacem°at of hay bales +~ and other preventative measttrrs. A-,m~rn,re subject to the Subdivision Improvements Agreement shall be 57. All pezmanent per before acceptahce. ~ cleaned by applicant and inspected by the Coumy Ettg~ ~' I111111I1111111111111111IIIIIIII IillillIII iilllllll IIII ~~' ar~t29 09/30/?99t; 03:2~P RESOLUTI ppYIS SILYI _ .. ru ~~TY M ~~, ~. „ ,~.. k _. ' ' __ ~... ~. Fad,: 1 -. '°' fig, Prior to issuance of development permit the applicant shall submit a anal .grading and drainage ,,, plan for the approval of the County Engineer. This elan shall show the rypical.derails and locanons of riprap structures. D~rirc ,nd ~choo c Dedic~rion Renuiremems W .9. Requirements for schoois land dedications or cash-in-iieu lees shall be as per the Land Use ., Cede. ~ 60. The ,aspen Highlands Village Derailed Submission Consolidated Plan shall have vesting for a ~+. period of ~ years from approv* of this resolunon. but suhstanhai progress will be interpreted after compieaon of Phase I. 61. Parks dedication snail be as depicted on arawing P-^_ of the .aspen Highlands Village Detailed ,^ Submission Consolidated Plan. "" 62. The effective date of this resolution shall be the same as the effective Gate of the ordinance ,,. rezoning the ?spen Highlanas Village: Ord;r,a.,~P No. 97-39. R .. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES tiitEEKLY ON THE ''~ND DAY OF AUGUST, ,1997. .. INTRODUCID, AND FIRST READ AT THE REGULAR MEETING ON THE 10TH DAY OF SEPTE114BER. 1997. .. APPROVED AND ADOPTID AFTER SECOND READING AND PUBLIC HEARING ~tv T~ ;9TH DAY OF OCTOBER. 1997. ~ .» ,., PUBLISHID AFTER ADOPTION IN THE AcPFN TIMES ~'{~EEi_O Y ON THE~_ DAY O¢~,1997. r w .~ BOARD OF COUNTY COMivIISSIONERS OF PTTSIN COUNTY. COLORADO / /N/•-~ ~~~I.fLG-f~G6.t~y Q £-!~ a' Bill Tuite. Cha;rma~ DATE: ~. z ~~~ "" APPROVID AS TO FORM RECOMMELNNDID/ FOR ADOPTIONQ '~. ~~%~ ~ ~ 1/~`~N/vUl~. ~,.3• ICJ John IIy ~ Cindy Houben ~ Attatney Community Development Director I liilll ~~Ilt ~~1~~1 Ill~u uw w ~waal m ^um ~^~ ~^^~ 422629 09/30/1980 03:22P RESOLUTI DpYIS SILYI ~~ .e ~~ o ^ a^ n ^_0^ N A_00 PITKIN COUNTY CO p4-11-96 95:39pn Prom-HINES ASPEN 9709203929 ,. ~' „~ ~../ t,./ ... _ MINUTES OF THE MAY 5, ?004 ATTACHMENT 9 ' REGULAR MEETING OF THE ,,, ASPEN/PI'TKIN COUNTY HOUSING AUTHORI?'Y `~ I. Sheri 5sozone, Vice Chairperson, called the Regular Meeting to order at 5:00 p.m. The May 5, 2004 Regular meeting w:ts held in the Plazal Meeting Room, 530 East Main. Board members in anendance were Shen Sanzone, Marcia Goshorn, David Guthrie and Dan Lauer. Staff Members in anendance were Cindy Christensen, Operations Manager and Sandra Menter-Berry, Financial Analyst. mw "' II. MINUTES: Lauer stated that he would like reflected in the minutes that he had to leave around 6:15 p.m. Sanzone noted two minor typo, aphical changes. Goshorn made a w motion to approve the minu[es with the changes suggested; Guthrie seconded t e motion. All were in favor. m. IIT. PUBLIC COMMENT: There was no public comment for items not on the agenda. ~ N. EaECIJTIVE DIRECTOR COMMENTS: Christensen distributed the followin; documents: r • Information regarding Kristin Sahel, the new joint alternate. ' • • A memo from Chris Bendon, City of Aspen Lon; Range Planner, regazding an .. ` ..' Obermeyer COWOP Amendment and requesting the Mania Goshorn cominue to represent the Boazd in this COWOP process to review the amendment. The Board " approved this request. .. • Resolution No. 2004-03, Approving a Budget Adjustment of 51,250 for Woody Creek Mobile Home Park. Lauer made a motion approving Resolution No. ;004-03, Approving a Budget Adjasnnenr of 51,250 for Woady Creek Mobilr ., '`lame Park for [he Year 2004; Goshorn seconded the motion. AU were is favor. m. ,,, Christensen asked for direction from the Board on an issue on a propcrry located at W/J Raneh. A complaint has been lodged with Environmental Health with regazds co the '^ upkeep of the outside of a property located in WSJ Ranch and that the owner is renting to an excessive number of people which causes regulaz overflow of the septic system. The Boazd directed staff to do a letter [o the owner reminding the owner of the rental restrictions and checking with the Community Development Dcparnnent to see if there r aze any violarions through the County. V. DIRECTOR COA~IMENTS: Lauer thanked staff for a good job on the Loan Parterson compliance issue. Guthrie stated that he would like to see an automatic increase of rrnts "~ by the consumer price index (CPI) as stated in the Guidelines without further approval from the Board. Guthrie suggested that the agendas be set up along the same line as City Council's with Consent Agenda items that do no[ require discussion but only approval. If .. - ~ A9D•nIPIUun CWnry Hausmg AulnOnly Minuets Page t May $, 2000 .w r r 04-11-06 D5:38pm From-NINES ASPEN 8708ZD3828 T-8ZB P 03/05 F-721 'd ~~ such time that a Board member would went to discuss an item, it could always be pulled W, ' and added as an action item. The Boazd gave direction to staff to follow the same agenda outlive as Cir Cauacil. S:~ctte sugg;sled FYI items be incorporat:d into the Consen[ , ~+ Agenda items. This will be reflected a[ the next Board meeting. m^ VI. WOODY CREEK MOBILE HOML PARK: Ben Ludlow, Project Manager, was .. present to update the Board on the progress of the construction of the wastewater ~ treatment plant. Ludlow suggested a groundbreaking ceremony be scheduled for May 12, ?004 at 2:00 p.m. The Boazd approved this date and time and directed Ludlow to inform ,,, others to this event. Ludlow stated that some digging has begun, but they aze still trying to ob[ain permits from the Building Departmem. There were some outstanding issues "` from the 1041 review that had w be satisfied prior to any building permit approval and ,,. Ludlow stated that he is worltiag on completing those items. Ludlow stated that Bill Walter has given pemtission to use part of his land to store constmetion tttatetials at no cost. The contractor will, however, do some minor work on his berm for the use of this ,~ land. Sanzone asked if a draft of the waterline easement was completed. Ludlow stated thaz the cotrtxted version has just been completed and he will work with Tom Smith to complete this easemen[. This easement will be given to Gletm Ham. Ludlow stated that ~, once Hom has this easement, he will be able to submit the subdivision application. Sanzone asked if the Community Development Department is committed to reviewing _ this application as a priority. Ludlow stated that he has been informed that They are committed to treating this application as a priority. Goshom stated that the schedule states final completion January 2005. Ludlow stated that it should be done sooner, bul this would cover all bases and any minor punch list items that would need to be corrected. .. Lanny Cunis, WCMHP Homeowner' Association Board Director, asked what the Aspen Consolidated Sanitation District (ACSD) selection of a contractor has to do with the Pazk. "'" Ludlow slated that the Park will be able to utilize their contractor to rehab some lines at the price that ACSD is paying. One line will be replaced and the other lines will continue to have maintenance done on them. Curtis asked if the landscaping on the neighboring "°- properties will be completed this year. Ludlow stated that it would be a good idea, but he .. is concerned about the imgation of that landscaping. Curtis asked who would pay for this landscaping. Chtisteasm stated that it is aU part of the Woody Creek Mobile Home Park so the funds would come from that fund. Benzene stated that the landscaping is part of ,,, the Subdivision PUD submittal and cannot be done until such time that PUD approval has been obtained. Curtis stated that Tim Whitsitt, attorney for the Homeowners' Association, provided a contract to Tom Smith and they have not heazd anything more. Christensen stated that ... there are a couple of issues that need to be discussed and that hopefully a contract will be brought back to the Board at the firt meeting in Tune for discussion. .. Curtis stated that a tenant in the Park has the ability to purchase a new trait now and would like to store the unit on the property until such time that the lots are subdivided and r ., aspenlPilRin urtry hwusu+g AuafOnlY MInu165 i May 5, 2004 Pape 2 r r 04-II-O6 05:3Bpn From-NINES ASPEN BIOB203[2B `~ T-82B P 04/05 F-i21 ..,, ~ ~ ~/ ,,,, he would know which lot he would be purchasing. Curtis stated that he is concerned with this since he is unsure when development will actually scan. Lauer stated that the property is not designed for storage. .. VII. GRIEVANCE HEARING: Joan Panerson's attorney, James A. Knowlton, provided a ^ leaer to the Housing Office requesting that this be pulled from the agenda. Ms. Panerson ,,,,, has agreed to vacate her unit no la[er than June 15, ?004. Goshota made a motion that a Settlement Letter was received from James A. Knowlton, attorney for Ms. '~ Pattenoa, and that this matter has been resolved; Guthrie seconded the motion. All were in favor. ^ "' VIII. ACTION ITEMS: ~ A. Reques[ to Increase Aspen Country Inn Rents: Bil] Tuite, Property Manager, was presrnt representing this request. Tuite stated the[ all of the other properties have m^ been analyzed as to how the rents are increasing. The rental increase for Aspen Country Itm (ACI) has not followed the methodology stated in the Guidelines. Tuite ~+ is requesting approval to recoup the CPJ gains that were no[ taken advantage of in past years. ~ Lauer asked what the tenants say about this. Tuite stated that this could become significant since some of the tenants are on a fixed income, but that he would inform ^ them what is being planned for the project. Tuite stated that ACI bas also ...' experienced a turnover rate of 15% this year, which is very tmIikely for this property. Lauer asked if the increase was palatable. Tuite stated it was not out of line. Goshom ^ asked if they pay their own utilities. Tuite stated that they pay gas and electric. ., Goshom recommended CORE do an energy study to see if anything else can be done. Tuite stated that he plans on insulating all of the hot water closets since they had some ^ free2ing this winter. The hot water heaters are located in exterior closets so that the .. insulation should cut down on their utility expenses next year. -~ Guthrie recommended that the rent should be an automatic increase by CPI each year as stated in the Guidelines. Guthrie suggested contacting CORE for help. Menter- ^ Berry stated that the Boazd can agree to do automatic increases for the tax credit .. properties, but that City Council controls the c~~»; propetics. The Board needs to let _ City Council know that they would like automatic increase,. Lauer suggested drafting a resolution to this effect. The Board agreed to the increase as stated in the memo and ^ directed staff to bring back a resolurion supporting the need for automatic CPI increases as stated in the Guidelines for all properties owned by the Ciry. r ,,, B. Review of Audited 2003 Financial Statements [or Aspen Country Inn sad Trascott Phase II: Menter-Berry stated that the audit foi the two tax credit properties showed no findings or issues. Both properies aze doing well from aA accounting standpoint. There are no receivable problems and that all NSF fees and/or ^ left fees are being collected. '~ AspeMPiVein County FlouiMp Auuu)rily AAlnures AAay 5.1004 ~ Paa~ 3 +.. r «. ^ 04-11-06 05:3tmm From-NINES ASPEN BtOt203828 ~-sza ~ o5io5 r-rzi - ~ V ... C. Review of Aspeo Highlands Village Audit: Bob Daniel, representative for Hines, "" was present. Christensen stated that an audit of employees was required one yeaz r.. after completion of Phase Fout of the developmen[ of Aspen Highlands Village. After reviewing the findings, staff recommends that the Boazd find that rnitigatian for ~' this development has been satisfied and that it has provided an additional credit of ... 14.89 FTE's. The credits would not be ~n*omatic. The applicant would need to go through the proper ettarmels to utilize this credit. Christensen stated [hat she would recommend that at any time a credit would be used, that same type of minor PUD ,,,, amendment be recorded so [hat the credit can be tracked. " Danie! stated that he is requesting that the Board make a fording that mitigaton was ,,, satisfied and that theft are a total of 14.89 credits, and that the audit required was fulfilled. Sanzone asked if the credits could be used elsewhere. Daniel stazed yes, but "' only with further action. .. Guthrie made a motion that the Housing Board reviewed the Fmdings of the "' audit and wacluded that Hines Highlands Liarited Partnership has satisfied ~- their mitigation requirement for the development of Aspen Highlands Village; that the audit cdncluded that there is a credit of 14.89 FI'E's; Hines Highlands Limited Partnership may seek a credit of 14.89 FTE's to be used oa other Pitltia County projects; and that at sash time that any credits would be utilized, that the credit be noted in a recorded document until such time as aU of the credits are uU7ized. Goshora seconded the moNoa. ROLL CALL VOTE: Goshorn, Sattzone, Lauer and Guthrie voted yes. Motion passed .. There was a motion to adjottm and it was swot[ded. The Board adjourned its regular meeting at 6:20 p.m. ,., THE ASPEN/P1TI{IN COUNTY HOUSING AUTI~IORIT'Y .~ °-~ S amo ce Chairperson Maarten Dobson, Executive Dirator W !A Yr r +~ °~ nspervPltkn Cmnry nouslnp nuuuionry ulnuun ~ MaY 5. 2004 Page 4 r w „~ ~1 ~~ ,~ w,m .~. ~~, ,. w ., .., :~ ..~ Final Draft ATTACHMENT 10 ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for NINES 426 E. Main Aspen, Colorado (970)920-1801 Prepared by Davis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ~'~ ~ ATTACHMENT ~~ '~,,, A RESOt.LTI1N OF THE BOARD OF COUNTY COMMISSIONE~:S OF PTTKII~1 COUNTY, ^^" 1041 Ei~'IIiONMENTe1LG DIiAZAI2D R ~MIS~~1D SPECjItEV~WDEVEI.OPMENT, '.. THE ASPEN HIGHLANDS S'II.L.~GE PUD ''"` Resoiudon No. 97-• °~citais r. 1. Applicant. Project Location, and Approval Requests - HILP ~touurain Litnired Partnership, Aspen iii°"~ i4outnain Limite~ Liability Company, aspen Highlands Sldiag Corporation. Whipple t Van Ness pones and Hides Highlaaas i_imited Partnersiaa. chemittafter referred [o as "Applir~nt") have 1~ applied to Pitkin Couttry for approval of the .aspen Higilands v(llane ("AHV^) protect. The appiicanoa speciflcaily requests approval for Rezothng, Se_cial Review, Growth Manatremem Quota 1" . System .allotments ("GMQS") attd Detailed SubmissionrPlamted Unit Development ("?UD"1. "Ire r Aspen Highlands Village site is located in the Maroon Creek Vallev at the base of the Asaen Highlands Std ,area and conraips approxiatateiy -0 acres. The paroei is more specifically aescribed ~ Exitibit A. "^ The SubdivisioniPUD Genetal/Coaceattrai Submission was approved with conditions as evidenced in ~ Board of Cotuuy Comalissionezs ("Board") Resolution 96-i41 ("Exhibit B"). ,. _ 2. Existing Uses -The subject site is improved with the Maroon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a naridng lot containing approximately 742 off- sQeet Paz~g spaces• Ming buildings contain approxitnateiy =9.194 square feet of commercial 1 ^ space, 1,970 squaze feet of skier services. and 13 tourist accommodation units is the Mazoon Ctxek `• Lodge. I ~ In the late 1980's Pitkin County issued a demolition permit to demolish the Highlands Ina which '° contained forty-trine (491 tourist accommadanon units, -100 square feet of retail space and _.~00 square "", :eel ,,c Jaz ~.na restaurant ,Dace. sae riignlanas .nil was aematsnea subseouem to the Issuance of the demolition permit. r „" 3. The Plan -The land use actions identified is the title of this resolution are the second step in the approval process necessary ro enable the Applicants to demolish aU of the existing buildings az the "' base of the Aspen Highlands Ski Area and cottsauct AHV. a new mixed-use village on the site. The ,. Plan ~"T^**'a*+~ed is the Aspen Highlands Vt7lage Detailed Submission: Consolidated Doct>aneots. September 1997 constitutes the Site Specific Development Plan as defined is Section 6-5.7. of the r Pitldn Council Laced Use Code. The AHV Plan includes the following elements; ,~ Thirty-0ae (31) single family detached free-tnarkec dwelling units, • Thirty-two (32) townhouse flee-marlrtt residential dwelling [[nits; .- Seventy-three (73) tourist accotamodatipn ututs; • Thirty-seven (37) Category 1 dorm onus (housing 61 people); • Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); . One (1) single family Category 4 affordable housing sale trait (3 bedroom): • Twenty-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); • Eight (8) Category 1 and eight (8) Category 2 mtrlti-family sale units (1 bedroom); _- Three (3) Category 3 one bedroom rental utrirs; • Four (4) Category 3 two bedroom team ,n~tc; • Ten !10) Caretaker Dwelling Units; ". -- I-I~91!i_l~lll 11111111111111111111 Illilll 111 11~~~ ~~~~ ~~~~ ~~ °° LLST OF TABLES _ • TABLE 1 ,A,y Pan Hghlands Village: Land Use Data TABLE 2 Aspen Highlands Village Detailed Submission Consolidated Plea: Multi-Family Affordable H i 3-4 7 ~" ' ous ng Units TABLE 3 ' Aspen Highlands village Detailed Submission Consolidated Plan: Affordable Ho i 8 us ng plan r ^~Y1 "° T'~~ 4 Pan Hghlands village Detailed Submission Consolidated Plan Commercial Space 9 I ~ ~, TABLE 5 ,Asppt H ~ ghlands Vill a Detailed Submission Consolidated Plan: Total Non-Exempt Floo A 11 r rea by Use ,... TABLE 6 Aspen Hi glilands Village Detailed Submission Consolidated plan: Total Non-Exempt Floor A i 12 rea n Village Core by Building u°' T~~ ~ Aspen Highlands Village Detailed Submission Consolidated plan: Total Exempt Floor Ar b 13 ea y Building & Use "' TABLE 8 Aspen Hghlands Village Detailed Submission Consolidated plan: Off-Street P ki 15 ar ng plan by Use .. ,_ TABLE 9 Aspen Highlands Village Detailed Submission Consolidated Plan: Proposed Free Mark t p 22 e opulation in the Affordable Housing Overlay Zone T`~~ 10 Pen Highlands village Detailed Submission Consolidated Plan: Total Non-Residenti l E 23 a mployee Generation "" T~~ 11 'Aspen Higlilands village Detailed Submission Consolidated plan Tourist Accommodatio Aff 24 ns ordable Housing Exaction ..~ .. TABLE 12 Aspen Higlilands Vllage Detailed Submission Consolidated Plan: Independent Com i l 25 merc a Space and Accessory Skier Services Employee Generation ,. TABLE 13 Aspen Hghlands Village Detailed Submission Consolidated Plan: Tourist Accommodation E 27 s mployee Generation "' ,,, T'~~ 14 Aspen Hghlands Village Detailed Submission Consolidated Plan: Independent Commercial S 28 pace and Accessory Skier Services Employee Generati on ,_ TABLE 15 Aspen Hi ghlands Village Detailed Submission Consolidated Pl e. ! ~'' j an: Affordable Housing Plan 28 ,., x _ ..,, .. ~P~ I-I8hlands Y~Be Pie 1 construction plans include installation of roads, utilities, Ytllage y entrance and e:it. As noted in the Revised Maroon Creek Corridor Transportation Plan (sec ,.. Appendix 2), it will not be necessary to institute remote ski area parking wail the winter after phase .. 2 is initiated becau9e there will be in excess of 562 surface ski area parking spaces. Construction of phases 1 and 2 may be combined. ^ TABLE 8 ASPEN ffiGHLANDS VILLAGE DETAILED SUBMLSSION CONSOLIDATED PLAN: OFF-STREET PARING PLAN BY USE• ... ~~_ ARordahle Hoesiev Ilalti SalCffi DOS 37 28 ,~ One Bedroom Units 19 24 Three Bedroom TH 28 42 Two Bedroom Units 4 S Sub-total 88 gg ^ Tourist Aceommodatioe• 78 ~ ^•` Ski Aria Pa ie •• NA 450 ~IIaYe EmpjQven NA 58 Total Paricioe 680 ' Pedoog for the free-market tnwnhousa and all Thunderbowl end Maroon neighborhood units is provided tin individual Iota """" end no[ included is this data. " 135 ski ~ off-site perking specs will be located u Bnn.....;tlr Buttamilk/Aspen liighlaods skier shuWa shell nm daily. ... Remote skier pinking will not be required until the winter aRer phax 2 constrtretion is initiated. Construction phase 1 eml 2 may be combined. Sau'oe: Dow Ham IomrpaveQ Rohat AAr. Stan Ar<hitecb and Felabiug Hoh g (IDevig Septanba; 1997 .. All off-street paring servicing the village Core and suers will be located in either the skier parking structure or under the village Core as depicted on drawings A003, A004 and A005. 15 ^ ~. .. Aspen ~ Pitldn Conmluaity Development Depxrtrtlent w r r. r_ .. r r ~+ .. .. i r ~. r 6a:4Pee ftoa-NINES ASPEN '~ .; ' L ~ ; This certif Fcatt issusd pt{rsaant to the regaiismenu of siecion 109 of the 1997 ecNtion of the unijorm buildin8 code. it csrtiJtes ' . that in the date ojluuana, du sgttcNn as deserybed bslaw was in cwnp!lance with the vnriotu rssolutians and ordinances rsgrlating baildin8 consp~action and tus in shls jarirdicrian. .. Usa Ckesltieatkn: Aotd - . Boilding Pertolt: 0¢502000 Legal Deecrlptlon: Aspen Aighkads VllLge P1A) Dldg NZ . Bullding Addcde: 0197 Prospector Road Aspen, CO 81611 OwoerolBnildlns: t•Moiffighl°edrLinutedPettnaship Owner Addren: P.O. Box 10087 Aepea. CO 61612 ' Grot>Ipt A 3M1 Typs Coeut:anton: III-1 FIoor Use Zate: SIO-PD • Daeripgota 8oe~story IoW of 84.000 ague tear. Tbs baseaent • comic of merhsnicel cooma, storage end parking spaw dv~aclt °Da . ie accesiibk and two ere van eccessibk. The erst kavd oooeiau of mhq . ' spsee;two>¢eetingrooms(969&1125'sgeem'tenceepectively).healdt ametdtlee, lobby turd kitchen, a0 otwhich es teas aed shalbnly, a8d . one lobby and on6 two-haY garega• Ths upperthte floors coa»n of 26 eeatin aaaarnodNioa nNts of which foot act typo B ueenlbi4ty and one attaadabk housing unit which is type ~ aeatet'bility. • . Uomaneala k Reatrkt(thn: Two eN k6 tsepkces and twiny' si:t decorative ga 11mPkKer• nildhrg OBlct~ Dne t ~ ~ - W. Nee LrB oceaeuder rr~+RRaatl cerpeeste mertlw wMed bw.~a~rw • pleraDeer dK mdo ratmWpteWOrfer wWeAN•fpatla: Ny olW.ra dlwlYrd iradwe at~.YOa ~J~e:am necra06 a(du ealWma OlaoW tlYrBarVa j , ~~~ Z /`~ "`~":;' ~ ~ ATTACHMENT 11 y, .„. ~w~~ ~- Certificate, of Occupancy ' A i J ..~ "" A RESOLLTION OF THE PSCi._%wl~;_:? OF COUNTY COMMISSIONERS OF PT1Z4'q: COUNTY, „W, COLORADO, GRANTING DETAILED SUBMISSION. PLANNED UNIT DEVEI"OPMENT, 1041 Eiv~TRONMENTAL Ha~aRn REVIE;T, ,~,~ SPECIAL REViFw ~vartnver Tn "" THE ASPEN HIGHLANDS vII.LaGE PUD ~. ~ Resoiuion No. 97-~ /~ ! " - ATTACHMENT 12 ?~citais 1. Applicant. Ptroject Location, and Approval Requests - HILP Vtounrain Limited Parmershin. ~ Amen Highands Motrmain Limite~ Lability Cotrmany. Aspen Hi¢hlatrds Skiing Corporation. Whipple Van Ness pones and Hines Highlanas Limited Partaerst»p. !hereittaiter reieaed to as "Appiicart"} have ~ applied to Pitkin Coutry for approval or the Aspen Highlanas Village ;"AIiV") proles[. The application specifically requests approval for Rezoning, Sr_cial Review. Growdt Management Quora System Allormenu ("GMQS") and Derailed StrbrnisaionrPlanned Unit Development ("DUD"). The Aspen Highlands Village site is located in the Maroon C:ee Talley at the base of the Aspen Highlands Ski Area and contains approximately -0 aczes. The paroei is more speciftally described si Exiribit A. ,~ The SubdivisioniPUD Generai/Concentuai Submission was approved with conditions as evidenced in -Board of County Commissioners ("Board") Resolution 96-i11 ("Exhibit B"). ,w 2. E~sting Uses - ?he subject site is improved with the Mazoon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a naziing lot containing approxi.,,arPiy ', 42 off- ` street paziting spaces. Existing buildings contain approxitnaceiy 39.194 square feet of commercial ,.,, space. 1,970 seuaze feet of skier services. and 13 tourist accommodation units is the Maroon Creek Lodge. Ia the Tare 1980's Pitkin County issued a demoliton permit to demolish the Highlands Inn which contained forty-trine i491 tourist accommodation atria. 100 sattare feet of resail space and ...00 square .. .zCt ~i .;ar ,.ua restaurant ~pac~. .ae aigntana5 .nn was aemotunea suoseQllCIIL to me tssuance of the ~«- demolition permit. r 3. The Plan -The laud use actions identified is the title of this resolution are the second step in »- the approval process necessary ro enable the Aopiicana to demolish all of the existing buildings az the base of the Aspen Highlands Ski Area and coastnta AHD'. a new mixed-use village on the site. The .. plan ~+**+**+a*+~ed is the Aspen Highlands Village Detailed Submission: Consolidated Doct~eats. September 1997 cotsstitL~ the Site Specific Developmeru Plan as defined in Section 6-5.7. of the Pitldn County Land Use Code. The AHV Plan includes the following elements: ^ Thirty-0ne (31) single family detached free-market dwelling aria, „~ Thirty-two (32) townhouse free-market residential dwelling units; Seventy-three (73) tourist accommodation traits; •^'~ Thirty-seven (37) Category 1 dorm trma (housing 61 people); ,~ Twenty-two (2?) single family Category 4 affordable horsing sale aria (4 bedroom); • One (1) single family Category 4 affordable housing sale unit (3 bedroom); ^ Twenty-eight (28) townhouse Category 3 affordable housing sale train (3 bedroom); ,~ Eight (8) Category 1 and eight (8) Category 2 mtild-family sale uaia (1 bedroom); • Three (3) Category 3 one bedroom rental [[nits; " Four (4) Category 3 two bedroom retnal units; • Ten !10) Caretaker Dwelling Unia; 1191!i ~IIII 111111111111111111111111111111 IIIII ilil IIII -- °' 4=2529 09/30/1998 03:ZZP Rl30LUTI CQVIS SILVI t~ .~ _, _ TABLE OF CONTENTS -~_ ,~ Table of Contents i A Resolution of the Board of County Commissioners of Pitkin County, Colorado, u ~"~ Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the Aspen Highlands Village PUD List of Tables r List of Appendices x ~ INTRODUCTION 1 r I. STI'E PLAN 3 II. VQ.LAGE CORE 5 Affordable Housing 6 Commercial Space 9 Service Area Plan 10 Floor Area 10 Building Height 14 ,. Off-Street Parking Plan 14 III. MAROON NEIGHBORHOOD 16 "' N. THUNDERBOWL NEIGHBORHOOD 17 ~, V. PLANTING PLAN I g VI. AFFORDABLE HOUSING EXACTIONS 2p Residential Affordable Housing Overlay Zone Requirements 20 ~- Non-Residential Affordable Housing Overlay Zone Requirements 22 „~ Tourist Accommodations 23 Independent Commercial Space and Accessory Skier Services 23 Demolition Credits 26 VII. PLANNED UNIT DEVELOPMENT 30 Definitions 30 ' Area & Bulk Requirements 35 -- Floor Area 35 _, Commercial Space 35 Height Limitations 36 "" Yard and Road Setbacks 36 .,. Driveways 37 W l~fmimum Lot Width 37 Minimum Lot Size 37 Lighting 37 r Aspen Highlands Village Residential Homesites Design and 39 Landscape Regulations Guidelines °- Aspen Highlands Village Phasing Plan 42 ,~ VIII. ASPEN HIGHLANDS VII.LAGE CONSTRUCTION 43 MANAGEMENT PLAN "" IX. AIR QUALITY q.4 .. X. PARK LAND DEDICATION 45 XI. ZONING 46 XII. RESPONSES TO GENERAL SUBMISSION CONDITIONS 47 •- XIII. RESPONSES TO PLANNING AND ZONING COMMISSION 59 ~, RECOMMENDED DETAII,ED SUBMISSION CONDTITONS i ~, ~. ~ a„, ..• •~. VI. AFFORDABLE HOUSING EXACTIONS •. This purposes of this section of the AHV Detailed Submission Consolidated Plan are to: s ,. Calculate the number of people that must be housed in deed restricted affordable housing units to satisfy the residential requirements of the Affordable Housing " overlay (AHO); • Calculate the number of people that must be housed in deed restricted affordable "~ housing units to mitigate the non-residential housing exactions of the AHO zone; and •. • Summarize the affordable housing plan. Residential Affordable Housing Overlay Zone Requirements The Board of County Commissioners approved Ordinance 96-51 on December 18, 1996 to create - the Affordable Housing Overlay (AHO) zone district. The ordinance establishes that free market residential development may be exempted from the Aspen Metro Area residential Growth ~, Management Quota system if the following standazds have been met (new Code Section 3-40.73.B.) ~" Residential uses restricted to Category 1,2,3,4 and Resident Occupied affordable housing guidelines must comprise (70) percent of the residential unit mix of the development. ' The number of persons residing in the restricted affordable housing must comprise sixty (60) percent of the total residential development population. Aspen Ffighlands Village includes 20 dwelling units (12 in Thunderbowi and 8 in Maroon Neighborhoods) that can be developed upon acquisition of TDR's. These units aze not located in the AHO zone and are not part of the AHO mix requirements (see drawing Z-1). Affordable housing exactions are not required for dwelling units developed pursuant to the acquisition of TDR's. 20 ~,,,, ,, . .. Thirty-two free market four bedroom townhouses and 11 R-15 lots in the Maroon Neighborhood are i ,~, in the AHO zone and form the basis for determining the number of affordable housing units which ""°" aze required to meet the standazds of the zone district (32 + 11 =43 free market units). In order to I^ meet the 70:30 ratio of affordable housing units to free market units then must be at least 100 ., affordable housing units in the AHO zone (100:43 =70:30). Aspett ITighl:uids Village will include 111 ^ affordable housing units in the AHO zone which exceeds the minimum requirement of 100 units and .. .. satisfies the AHO zone district 70:30 ratio of affordable housing orals to free makket units. f- ^ „~ Table 9 shows 156 people are projected to reside in the 43 free market dwelling units proposed to ^ be located in the proposed AHO zone. In order to meet the 60:40 ratio of affordable housing ~.. residents to free market residents, 234 residents must be housed in the affordable housing units in the ^ I ~- proposed AHO Zone (234:156 = 60:40). Aspen I~Lghlands Village can house 267.25 people in deed ^ restricted affordable housing units in the AHO zone which exceeds the minimum requirement of 234 .. ,,,, people and more than satisfies the AHO zone district 60:40 ratio of residents housed in affordable ~` housing units to residents housed in free market units (see Table 15). '`" *- The data show that 33.25 people residing in the affordable housing units in the AHO zone may be '~ used by the developer to offset the housing exactions generated by non-residential development i,.. (267.25 people in AH units - 234 people required to be housed = 33.25 people to offset non- " residential housing exactions). This credit is a sub-total used in the following section to compute the total AHV affordable housing excess. .. ~` ^ ~" 21 f- ~.. ~~ 1 """ TABLE 9 ,~, ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN; PROPOSED FREE MARKET POPULATION IN THE AFFORDABLE HOUSING OVERLAY ZONE ~~ 'h'Pe M Household Size• Population Z u 5~ •• 5 Bdr. 11 4 q4 ~~. 4 Bdr. 32 3.5 112 Total 13 156 ``" PiNdn ~ cam Use code 1~ Source: Davis Horn Ineotporated, September, 1997 ~rw Non-Residential Affordable Housing Overlay Zone Requirements ,,, Ordinance 96-51 establishes that non-residential development in a AHO zone be required to mitigate ~`' 60 percent of employees generated- The following sections apply the 60 percent employee generation _ rate to the commercial development proposed in Aspen fTighlands Village to calculate the non- residential affordable housing exaction. Table 10 shows that total non-residential employee generation is a function of employee generation """"" and the AHO zone housing exaction standards for tourist accommodations, independent commercial space and accessory skier services. Each component of Table 10 generation is addressed in this ~" section under the subheadings: • Tourist Accommodations; and • Independent Commercial and Accessory Skier Services. 22 ^ l f r'-•: TABLE 10 ASPEN ffiGHLANDS VII.LAGE DETAILED SUBMISSION CONSOLIDATED PLAN: ~ TOTAL NON-RESIDENTIAL EMPLOYEE GENERATION' Laud Uae•• AfYordable Houainq Erection ~ Tourist Accommodations 60.4 Independent Commercial Space 57.6 `. Accessory Sider Services 8.4 ,,, Total 126.4 • Full Time Fquivsleat Employees (FIE) watk 2,080 Holes per year. .W •• Refer m Tables l l a~ 12 the following seaian fa explanation of employee generation for each category. Source: Davis Horn Inc„ Septetolter 1997 ~~ .. ~~ Tourist Accommodations ~•. The tourist accommodation units are comprised of lodge condominiums. The tourist '~ accommodations are served by accessory commercial space that generates employees. Section 3- ~A 130.20.C.3. (new Code) requires that 60 per cent of employees generated by tourist accommodations ~" and commercial development be provided with affordable housing. Table 11 shows the 73 tourist r. accommodation units will generate a requirement to house 60.4 people in affordable housing. Independent Commercial Space and Accessory Shier Services Aspen Highlands Village will contain Independent Commercial space (IC) and Accessory Skier Services (ASS). Table 12 shows that the Independent Commercial Space (IC) and the Accessory Skier Services (ASS) will generate a requirement to house 66 people in affordable housing. ar_ Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts aze not operating. The IC space will be comprised of retail space such as a grocery. 23 ,,-_ , ~. ,,, A meeting room will be available for residents and guests of Aspen I~Lghlands Village. The United "" States Forest Service may utilize the ASS space as a Vsitors Ce:rlter in the summer. TABLE 11 ASPEN HIGHLANDS VII.LAGE DETAILED SUBMLSSION CONSOLIDATED PLAN: ,.. TOURIST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION "' Tonri.t Aceommodation~ Units & Acctl~orv Commercial Spaee .. Type ~f Space Number of Units or S.F. Employee Generation Rate• Employers Generated AHO Euctioa Rate People to be Housed ~" Tourist Accommodations 73 .4 29.2 .6 17.5 r /~.}t ~ RCStallIant \+`i^) ~° Wait-Service 4,000 .0075 30.0 .6 18.0 .. Restaurant (NI.A) '" Limited Wait-Service 2,000 .005 10.0 .6 6.0 ... Retail (NLA) 8,000 .0035 28.0 .6 16.8 .. Condominium Room •• 3,000 NA 3.5 .6 2.1 "" TOTAL NA NA 100.7 .6 60.4 ~ ~ • Employee Geaaation rata derived fiom Section 5300.1 (c) Pitlda County Land Uae Code. As per Section 5-300.1 (c) ,.. employs generation is baxd upon Net Leasable Area Net Leasable Area is 8096 of Groan Retail Space sad 63 Y. of Restmamt speoe Restaurmt employee gez,eration rates arc based upon S employees per 1,000 sf oCNLA restaurant space +• Cm the limited wait savior type dining and 7.3 employee per 1,000 a[ for weir-service dirtittg. +~• •• 'ILe condominium room will be used for a variety of functions. A total of 3.5 F-I'Fs will be geaasted a approved by the BOCC. (r Source: Ilavia Hom htc.; September, 1997 w .n ~~ •+ ~r w. ~` .. 24 c~- ,~ . ,... ••~~ TABLE 12 ., ASPEN ffiGHLANDS VILLAGE DETAILED SUBMLSSION CONSOLIDATED PLAN: INDEPENDENT COMMERCIAL SPACE AND ... ACCESSORY SIQER SERVICES EMPLOYEE GENERATION `• Employee AHO Peopk ..~ Square Generation Employee Erection to be _ Type Space Feet Rate• Generated Rate Housed ~°• Iedep~ndeM Cor>Lerrii r Retail (NLA) 13,600 .0035 47.6 .6 28.6 .. °„ Rcstattraat t'NI.A) Wait-service Restaurant (NLA) 2,000 .0075 15.0 .6 9.0 .. M Restaurant (NI.A) Limited Wait-service 6,125 .005 30.6 .6 18.3 .. Meeting Room" 1,800 NA 2.8 .6 1.7 ~- Ski Area Storage"' 2,200 NA NA .6 NA Subtotal 25,725 NA 96.00 .6 57.6 F Aecessorv Skier Services & Ticket Sales .. ... ASS"" 10,200 NA 9.4 .6 5.6 `~ Ticket Sales "'• 1,800 NA 4.6 .6 2.8 Subtotal 12,000 NA 14.0 .6 8.4 w .., Grand Tote! 37,725 NA 110.0 .6 66.0 • Employ« Generati® rata derived from Sectiw 5-300.1 (c) Pitldn Couuty Lad Uu Code. The reatatnant employ« geoaatiou tarn ere bead upon 5 employes per 1.000 sf of NIA restaurant space Cor the limited wait servi« type dining ~. and 7.5 ernployees per 1,000 sf for wait-semce dining. As pa Section 5-300.1 (c) employ« gemation based upon Net I.easahle Area NLA for reroil space = 80°/. Gross I.nsabte Area (GIA) end 65 % of restaurant space. .. • • The meeting room will be used intermittently. A total of 2.8 FTEs will be generated u approved by the BOCC. r ••• Ski Arn Storage Space will lx utilized for ski storage, racing etpopment and other ski area related functions •••• (ASS) Ace~y Slot Services -Public and employ« rest rooms, ski school, ticket sale. guest serviCn, old patrol, racing .r program, lift opera[ions. and administration arc !orated in buildings and 7. Ticket seln will be in buildirtga 6 and 7. This •„ spare troy be used as a Forest Service infortmtion center without additiorul employ« generation '~ Source: Davis Horn Inc.; September 1997 25 ., 4.. Demolition Credits Section 5-501.2 of the Land Use Code pernuts the rernodding, restonuion, reconstruction or replacement of arty legally estabGslted structure. Therefore, a developer reconstructing demolished commercial space or tourist accommodation units receives a credit for the demolished commercial space if it was legally ,,, created prior to the enactment of the Commercial Growth Management Quota System (GMQS) on ~~` September 13, 1983 and tourist accommodation units 1 egally a~eated prior to the enactment of the Tourist !` Accommodations Growth Management (GMQS) on December 13, 1982. Credits are given since the ~^ GMQS system is designed to mitigate impacts associated with new growth after the enactment of the quota system. ~" r, The project is a~tided to a credit for 66.5 base area employees as reviewed and approved during Detailed Yr _ Submission. W The Aspen Highlands Village is also entitled a credit of 39.75 EGVs for the demolition of the Highlands .. -. Inn as reviewed and approved during Detailed Submission. ~` .. Table 13 documents the existing commercial space. (~ .. ~. AUG-09-07 THU O1 ~ 41 PM p FA}{ N0. P, O1 Aug~:st ~, 2007 ATTACHMENT 13 „~~ Jessica G.urow „ City of Aspcn Cornnumity Development llepattmert M., 130 South Galena Aspe:l, Colorado 81611 .~. ~. Dear Jessica: r Hines This iatier authorizos Davis Ilom Incorporated to prepare a land use application to "" change the use of the meting room in Aspcn Highlands Village B~ulding # 2 to a ~„ convuercial space. °° T])ank yon. '~' Sincerely, '"" Robert fi. 7Janiel ,,. Vice 1'r•esident liincs .a Co: Glenn Hom ... ., r .. .. .. .. a.. r 013] Y[unpe,[or Aoa~~ Suim 4:11 A.pen. Cutor~Jo A 1411 (470) 920-1301 (')7O) 92U~3829 P,1X aw .., ~ .... .r, ATTACHMENT 14 '•° CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTML "' A~reemen[ for Payment ofCitpy of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~f. t n f-~ (hereinafter APPLICANT) AGREE AS FOLLOWS: w+ .,, APPLICANT has submit[et) to ITY an a lication for ,.. (hereinafter, THE PROJECT). ~ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent *^• to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is no[ possible at this time to ascertain the full extent of the costs involved in processing the application. '"' APPLICANT and C[TY further agree that it is in the interest of [he parties that APPLICANT make payment of an ,,,, initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accme following their hearings and/or approvals. APPLICANT agrees he ,,,, will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the C[TY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty .. of recovering its full costs to process APPLICANT'S application. ,.. 4. CITY and APPLICANT further agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning "" Commission and/or City Council to make legally required findings for project considemtioa, unless current billings are paid in full prior to decision. ,.. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a d termination of app 'c tion completeness, APPLICANT shall pay an initial deposit in the .., amount of $~1L~ which is for ~~ hours of Community Development staff time, and if actual recorded cos s exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY [o reimburse ~„ the CITY for the processing of the application mentioned above, including. post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. ,,, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. .... ... r rr ..e .. CITY OF ASPEN Chris Bendon Community Development Director g:\s upport\forms\agrpayas.doc 1/IU/Ol taw ~~ PEww~-rr ~coRn APPLICANT /' , Date: ~ ~ r 3 ~ ~~ Mailing Address: ~\'~~S ~'~nn~ C ~(f~ 't ~ fvll2ci, I ors 2~'~ ~~T cif ~ ~,[ ~ ,J S ~ ~ r-c j-E ~U b f-P~.~srz~~ , T~ ~ s ~- 05-17-06 94:03pn FrarHINES ASP(,ily 9709293829 T-973 P.O6/09 F-917 ~ ~.,i ,~ ,... .r .. ~. wr r rr ... .. .., W r .., .. r .. r .. i .. .. .. I uwner Name: Hines Highlands Ltd Partnership Type: Primary Address: 426 E Main St Aspen, CO $1611 Property Address: Aspen, CO Account number: R019024 Parcel number: 273514213552 Sub-division: Condo: Aspen Highlands Condo Ph 2 Neighborhood: HIGHLANDS VILLAGE Area: 086 Legal: GFJNflp; ASPEN HIGHLANDS CONDO 1~1 2 'Land . No items found. 13uilding(S) Type: Commercial Value: $123,200.00 Description: HIGHLANDS OFFICE CONDO Actual year built: 1999-O1-Di 00:00:00 Square feet: 647.0 Bedrooms: Bathrooms: Stories: 2.0 Architecture style: GOOD-BASE Construction quality; GOOD-BASE Type of heat: GOOD-BASE Roof struRUre: GOOD-BASE ---••, VT t1 S ara3 ~ http://www.mitchandco.com/realestate/pitkin/pmperryDisplay.cfin?AccountNo=R019024 ~'Oig ~ property Information march ~ ~e~s a Detail VieW~l dp: ,~ 05-17-09 04:02am From-RIMES ASPS 9709203929 - T-973 P.05/09 F-917 ,~ Roof cover: GOOD-BASE Exterior wall: GOOp BASF "" dmprovtment(s) .m No items found. Search a Resgj;,y 7 Detail ..« ~. r r wi. r ~n r s+ r .~. r r nw Yr+ i Copyrlghf ®2002 Mi~}~el_g, Co~papy,~, A!i Rights Reserved. http://ww~v.mitchandco.com/realestateJpitkin/propertyDisplay,c&n?AccountNo=R019022 VieyY Map 5/17/2006 r ~~ ,a ntibourrage et 5 sAchage rapic :. - wwvv.avery.com ;~~ Ak-~ ~;.- ~'~-~~ . ~ 50"~' '^ ..- le :abarit 5160® i j 1-800-GO-AVERY ` An,ACHMENT l16 . . MINES HIGHLANDS LTD PARTNERSHIP HOLLAR SETH A JAWORSKI KAREN 26 E MAIN ST 115 BC~~~~~~=DANG RD #5403 39 BOOMERANG RD #E'.'33 ~..r.SPEN, CO 81611 ASPEfv, CO 8"511-4314 ASPEN, CO 81611 ,,., JOHNSON TEREE L JONES RICHARD MC CULLOCH JR KEATING CHRISTOPHER J & SUZANNE I ,~'O BOX 4884 1501 MAROON CREEK RD #5 0199 PROSPECTOR RD #3107 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 .r ~IKER KART 8 JOHN R LISMAN ADRIANA LYONS DAVID C 0039 BOOMERANG RD UNIT 8121 PO BOX 9460 0155 BOOMERANG RD #5409 *4SPEN,CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 r w. MACHUCA JOSE MAROON NEIGHBORHOOD TOWNHOME YONS MICHAEL r SIBRIAN JENNI ASSOC 1690 HOMESTAKE DR 0199 PROSPECTOR RD #3111 C/O JOSHUA & COMPANY MANAGER ASPEN, CO 81612 ASPEN, CO 81611 300 HUNTER ST ..., ASPEN, CO 81611 ^v1BEREKO ISAAC TP 8 LAUREN P MCCANN KEVIN J & ELIZABETH MEYERSTEIN TRUST ~r'O BOX 10296 0199 PROSPECTOR RD #3113 5555 TELEGRAPH RD ASPEN, CO 81612 ASPEN, CO 81611 COMMERCE, CA 90040 .~ ,.MILLER DANIEL K 8 NANCY L MORSE ROGER NERAL CHRISTOPHER J ?916 SUFFOLK LN 133 PROSPECTOR RD UNIT 4212 0115 BOOMERANG RD #5405 ~1=ALLSTON, MD 21047 ASPEN, CO 81611-3390 ASPEN, CO 81611 ... NETTLETON ANDREW PARKER DAVID W 1/5 PITKIN COUNTY X199 PROSPECTOR RD #3102 C/O WINTER PARK VILLAGE MGT CO 530 E MAIN ST STE 302 ASPEN, CO 81611 2800 POST OAK BLVD STE 4800 ASPEN, CO 81611 ,,., HOUSTON, TX 77056-6123 ~{2ANDEL BRAG & LINDA RECH LAURIE 8 CHRISTOPHE RECKLING THOMAS R & MARGARET W 0199 PROSPECTOR RD #3108 0199 PROSPECTOR RD #3109 5203 BRIAR DR '"`a$PEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77056 ...~ .. ~2EED TIMOTHY G & LYSA S RITZ-CARLTON DEVELOPMENT ROCKY MTN CATTLE VENTURES LLC 0199 PROSPECTOR RD #3105 COMPANY INC 300 S HUNTER ST ~SPEN, CO 81611 5009 WESTWOOD CENTER BLVD STE ASPEN, CO 81611 ORLANDO, FL 32821 ^. ~ROMERO DWAYNE L 1/5 ROOKASIN IRIS RYMER PATRICIA A TRUST ~"/O DONNA GRAUER 1501 MAROON CREEK RD #10 1200 N LAKE SHORE DR #M1 426 E MAIN ST ASPEN, CO 81611 CHICAGO, IL 60610 ASPEN, CO 81611 ... ~+ ~6~an x ...., ~ o ~~~wv 1~'~n/1 A213/~V-09-008-L ci~0915 31tl1d W31 c~ V ~ (1 Irr ,e y.u, r~ ,r ? :, ~2el,age rap~de ~ e.r~ ~ /~1NE12Y~ `. ~tiry<u =SAUDERS STE'• ;' 0199 PR~SPE::! ~F. RD #3104 wASPEN.CO 81RS1 SCHAFER ROBERT P 0133 PROSPECTOR RD #421 ASPEN, CO 81671 SCHIILE JOHN JR 8 JIE DONG PO BOX 10403 ASPEN, CO 81612 SEIDEMAN ROB 8 KELLY HALL "'"PO BOX 11424 ASPEN, CO 81612 w SMITH SARAH PO BOX 6235 wSNOWMASS VILLAGE, CO 81615 rTHOMPSON JESSE 0115 BOOMERANG RD #5408 wASPEN, CO 81611 SHANKS ROBERT H 0115 BOOMERANG RD #5304 ASPEN, CO 81611 SPOFFORDFRANK PO BOX 2535 ASPEN, CO 81612 THOMSEN CERENA E 8 CHRISTIAN 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 SILVERA CHERIE R 133 PROSPECTOR RD #4305 ASPEN, CO 81611-3391 STEWART MILTON M JR 8 CAROLE C 0115 BOOMERANG RD #5103 ASPEN, CO 81611 TSOU MICHAEL 8 ANGELENE 1501 MAROON CREEK RD #11 ASPEN, CO 81611 +.. .. TUCKER AMANDA D 'APO BOX 11500 ASPEN, CO 81612 .,, UMBARGER MARK R 0115 BOOMERANG RD #5407 ASPEN, CO 81611 WITT PATRICIA 0115 BOOMERANG #5109 ASPEN, CO 81611 .. ""`YU WEN-SHI 108-81 AVE SKEW GARDENS, NY 11415 ... ~. .. w w w r a r w s sr Uttllsez le ga6anY5160° 1-800-GO-l. J~"~~ ~ ~-'~ ~. R~„ - ~ r `ALVARADO ANTOi~'IC :, - >d ..; ::iA JON A ~ '-'S COMMERCIAL PO BOX 878 96 FOREST AVE r ;E' !~' ``'S '~` ASPEN, CO 81612 RYE, NY 10580 ' 15' ^i.',I~+' 3T #304 ... rASPEN HIGHLANDS CONDO ASSOC INC ASPEN HIGHLANDS VILLAGE AFF ASPEi~ SKIING COMPANY LLC C/O CONTROLLER HOUSING PO BOX 1248 0075 PROSPECTOR RD C/0 ABACUS BOOKKEEPING ASPEN, CO 81611 P O BOX 9164 ASPEN, CO 81612 +„~ ASPEN, CO 81612 BIGGINS KENNETH MARK BURROWS HUGH 8 SARA BUYSSE MICHAEL & ANIR '!0115 BOOMERANG RD #5406 0115 BOOMERANG RD #5106 0115 BOOMERANG RD #5107 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ... '"CLARK TODD A DAANE OLIVIA O 8 DEWEY DANIEL ROBERT E JR 1/5 0115 BOOMERANG RD #5108 0199 PROSPECTOR RD #3106 C/O DONNA GRAUER `ASPEN, CO 81611 ASPEN, CO 81611 426 E MAIN ST ASPEN, CO 81611 ..~ DASARO ROBERT A JR 8 STEPHANIE L DELAK ERICA DOMOSZLAY KATALIN '0039 BOOOMERANG RD #8122 0199 PROSPECTOR RD #3102 0115 BOOMERANG RD #5410 ,,,,ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 `DONOVAN JOHN T 1/5 DUNN MICHAEL 8 SHERRI EAGLE MELVIN 8 LEATRICE ~C/O DONNA GRAUER 0115 BOOMERANG RD #5102 9309 INGLEWOOD CT 426 E MAIN ST ASPEN, CO 81611 POTOMAC, MD 20854 ASPEN, CO 81611 «- EASTMAN P PLACE 8 THOMAS F 50% ERCK STANLEY C 50% FADALE JENNIFER B PO BOX 1454 954 CENTRE DR PO BOX 3653 .ALA OUINTA, CA 92253 JAMAICA PLAIN, MA 02130 ASPEN, CO 81612 ... FAGAN CHARLES D FEHER LAWRENCE D FERRARO JAMES JR & JAMI LEE 1OPO BOX 1107 0115 BOOMERANG RD #5404 39 BOOMERANG RD #8124 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-4308 «,. °~FRIED ALAN 18 SHELLEY R GASIOROWICZ HILDE E TRL'S'f GOSDA HEATHER APO BOX 783 2630 GLENHURST PL 0199 PROSPECTOR RD #3110 ASHLAND, OH 44805 MINNEAPOLIS, MN 55416 ASPEN, CO 81611 r GRAUER DONNA 1/5 HALFERTY SARA HARPRO LLC `426 E MAIN ST 215 S MONARCH AVE STE 202 C/0 GOLDEN EAGLE PROP SERV, INC .,.ASPEN, CO 8161'1 ASPEN, CO 81611 PO BOX 2000 ASPEN, CO 81612 r, ~ ;:+~'AV-O~-.95-I~ ~,,:_, ®0965 31b'ldiN3J. ®/S~an,g asn ;~,0965nA;'~1~g4'ie9 1~1 ,.,.:.r«.:..,.,,:.:: ---. a,,,,,,,.r~.;.,~...,..,~,:e•r,,:o. ,,,,,, APPf.1L, •;. ,.-. ATTACHMENT 17 ATTACHMENT2-LAND USE APPLIG's~T14N w. Location::P~Sp~C'~0(KU• ~).~ ~ (~ `b cl ~ 1J "`' tJ n7-1- 2JD3 Parcel ID # (REQUIRED (Indtcatc strcct address, lot Bc block number, Ic gal '- ' 2 I 3 I L L r REPRESENTATIVE: .n Name: ~r~.~ ~ S \--{~r n -~-1'~C_ Address: 2 ~~ S f'-\ u~~r~-~-, C ~ Phone #: ~~ ~ ~~ZS ~ -_ _ r PROJECT: Name: (~ t--l v ~ ~ (J ~ Address: x'33 Pros colt-~~ ,(Z~ F ~ ' Phone #: --~-=~'~ ~'~--~ - ~p(~ 1 "' TYPE OF APPLICATION: (please check all that apply): "' ^ Conditional U ~ se ^ ^ Special Review ^ ^ Des'gn Review Appeal ^ ~ ,^~ /~QS Allotment ^ L.~' GMQS Exemption ^ ... ^ ESA - 8040 Greenline, Stream ^ Margin, Hallam Lake Bluff, ` Mountain View Plane ^ Lot Split ^ ~„ Lot Line Ad'ustment n s L ~~ ~S~ rtion of pr_ op`ujl CJr\ve r~-- ~t i ~ ~JD 1 Z .~ , -rte IJU V~v~.-L l~ru ~£f" ~;etfceptual PUD Final PUD (& PUD Amendment Conceptual SPA Final SPA (& SPA Amendment) Subdivision Subdivision Exemption (includes condominittmi7ation) Temporary Use TexUMan a..,a...~..,o... ~`e-`-~T 1 ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minar Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Other: 1 ~ G3 /~~ W~-c ~G . v "'h:av ou ttached the following? P pplication Conference Summary FEES DUE: $ ~U~- c t #l, Signed Fee Agreement nse to Attachment #3, Dimensional Requirements Form ~ csponse to Attachment i14, Submittal Requirements- Including Written Responses to Rcvicw Standards All plans that arc larger than 8.5" x 11"must be folded andr Iloppy disk with an electronic copy of all written ~xt (Microsoft Word Format) must be submittedrs part of therpplicrtion. .. ~~ FAR PERMANENT FFGf)RD (( .. ~~ .~. .. R~ ww rr M w w w ., Project: Applicant: Location: Zone District: Lot Size: Lot Area: ~~ •-- ._~rt~HMENT ~~ . . ~. ~ t v~ . r~ i ~ ~CJ'r ItK~01'Q ~7 (for the purposes of calculating Floor Area, Lot Area may a reduced for azeas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) +~ Commercial net leasable: Existing: Proposed ~, Number of residential units: Existing: Proposed.• Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): w. r. .. ~Y s+ rr ., .. N A r w Y r w r ., .. .. r. DIMENSIONS: Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed.• On-Site pazking: Existing: Required.• Proposed.• Site coverage: Existing: Required: Proposed: Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Reaz Setback: Existing: Required: Proposed.• Combined F/R: Existing.• Required: Proposed: Side Setback: Existing.• Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed:- Buildings Existing non-conformities or encroachments: Variations requested: b ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM